Great Lakes shoreland erosion

[From the U.S. Government Printing Office, www.gpo.gov]

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ifreat Lakes Shoreland Erosion

GE ~~~~~~A LAKE MICHIGAN SHOREFRONT HOME IN 1975. (See Back Cover)
459 5
G8
G786
1979

September, 1979

Prepared By

DIVISION OF
LAND RESOURCE PROGRAMS

DEPARTMENT OF NATURAL RESOURCES

MICHIGAN NATURAL RESOURCES COMMISSION
Hilary Snell, Chairman
Dr. Jacob A. Hoefer
Carl' T. Johnson
E.M. Laitala
Harry H. Whiteley
Joan L. Wolfe
Charles G. Younglove

MICHIGAN DEPARTMENT OF NATURAL RESOURCES
Howard A. Tanner, Director

DIVISION OF LAND RESOURCE PROGRAMS
Karl R. Hosford, Chief

This document was prepared in part through financial assistance provided by the Coastal Zone Management Act of
1972 administered by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration.

Introduction
I//n 1970, the Michigan Legislature passed Public Act 245, the
Shorelands Protection and Management Act, in recognition of the
benefits of wise resource management in Great Lakes shoreland
areas. The provisions of this act apply to the shorelands of the Great
Lakes and their connecting waterways (St. Marys River, St. Clair River,
Lake St. Clair, and Detroit River). The act identifies three types of
shoreland areas: high risk erosion areas, flood risk areas and
environmentally sensitive areas. The major objectives of shorelands
management in these areas include the protection of private property,
the conservation of natural resources and the reduction of public costs
in providing disaster assistance. In high risk erosion areas and flood
risk areas, private property protection is achieved by the enforcement
of basic construction and locational standards. Environmental areas
are managed so as to maintain certain important coastal resources.
This brochure is provided as an introduction to the Shorelands
Protection and Management Act as it applies to high risk erosion
areas. Discussed in this brochure are some of the costs associated
with unwise development in high risk erosion areas, the methods by
which the state has determined the extent and rate of erosion, and the
locational standard established for new development along the shore.

THIS LIGHTHOUSE AT BIG SABLE POINT NEAR LUDINGTON IS SEVERELY THREATENED BY EROSION.

EROSION CAUSED CONSIDERABLE DAMAGE IN THE EARLY 1950's.
and costs of unwise development in eroding
areas have been clearly demonstrated. In the
early 1950's, high water levels on the Great
I ~~The Problem ~ Lakes caused millions of dollars worth of
damage to Michigan shoreland properties.
During subsequent low water years, many
homes were built too close to the bluffline of the
Great Lakes. When high water levels began
returning in the late 1960's, damage to homes
and businesses occurred once again. An
Great Lakes shoreland erosion is neither a new estimated 46 million dollars in property dam-
phenomenon nor an unnatural one. Erosion is a age has been attributed to Great Lakes shore
natural geological process which continually erosion occurring between Labor Day 1972 and
shapes Michigan's coast. The pace of erosion Labor Day 1976. Another 50 million dollars was
can fluctuate significantly with changes in lake spent on shore protection during this time
levels, with storm activity and with other natural period. Currently, hundreds of Michigan homes
forces. People can also alter the rate of erosion. have been identified as being in danger of
In particular, the building of shore protection destruction or serious damage from erosion.
structures often interferes with natural shoreline Erosion damage can be extremely costly for
processes and may accelerate erosion on both the property owners affected and the
adjacent property. Disturbance of vegetation public in general. In past instances when
and topography may also increase the erosion severe storms have caused extensive erosion
hazard. damage, the public has absorbed part of the
loss through disaster assistance, disaster
At various times in Michigan history the hazards loans, and damage to public facilities.

THIS STRUCTURE IN VAN BUREN CO. WAS SEVERELY DAMAGED DURING THE HIGH WATER PERIOD BETWEEN 1969 AND 1975

II. Management

Process for High

Risk Erosion Areas

The Shorelands Protection and Management erosion problems. Only those areas where
Act, Public Act 245 of 1970, as amended, the bluffline is receding (moving landward)
directs the Department of Natural Resources: at a long-term average of one foot or more
(1) to identify areas of high risk erosion, (2) to per year are considered high risk. Of over
designate these areas and determine how they 2,000 miles of Great Lakes mainland
should be regulated to prevent property loss, shoreline (excluding islands), Michigan has
and (3) to enact administrative rules to regulate approximately 400 miles of shoreland which
the future use and development of high risk can be classified as high risk erosion areas.
erosion areas. In addition, the Department of These areas have been identified by ex-
Natural Resources offers technical assistance amining historic and recent aerial photo-
to property owners and to local units of graphs and by undertaking extensive field
government to implement shoreland manage- surveys.
ment programs.
B. Designation of high risk erosion areas. Prior
The process by which the State of Michigan to the formal designation of high risk erosion
carries out its management strategy for high areas, the Department seeks input from
risk erosion areas is specifically outlined in the local units of government. Letters are then
administrative rules for Act 245 and includes sent to property owners who will be affected
the following: by the designation, notifying them that their
property has been identified as a high risk
A. Identification of high risk erosion areas. erosion area. The letter also invites property
High risk erosion areas do not include all owners to a Department sponsored meeting
Great Lakes shoreline which experience where the program is explained and an

opportunity for comment is provided. Those cordance with this approach, new perma-
property owners who do not attend the nent structures, including septic systems
meeting receive a second mailing explain- and tile fields, to be built in a designated
ing in detail the designation and its high risk erosion area, must be constructed
significance. After a period for comment, the at a sufficient distance landward from the
Department reviews and, if submitted data bluffline * to insure that the structures are
justifies, adjusts its delineation of high risk not prematurely undermined and destroyed
erosion areas. Finally, the Department sends by erosion. This distance between the
official letters to property owners whose bluffline and the lakeward side of the
parcels are formally designated as high risk permanent structure is the "setback". Set-
erosion areas, and notifies the appropriate back requirements achieve two main objec-
local units of government of the designation. tives. First, they alert the owner or buyer of
shoreline property to the potential erosion
C. Implementation. The program established hazard along a stretch of shoreline, and
under Act 245 has adopted a nonstructural second, the setback provides protection for
approach to reduction of damages from a period of time roughly corresponding to
shore erosion. This approach has been the mortgage life of a new structure. These
taken because structural protection in the regulations are implemented either through
form of erosion control devices may be Department approved local zoning, local-
prohibitively expensive in some cases, state cooperative agreement or state permit
ineffective in others, and if improperly procedures.
designed may accelerate erosion on adja-
cent property. The nonstructural program * Defined on page 10.
utilizes setback provisions to protect per-
manent structures * from damage. In ac-

X':"~~~~~- '--A

NUMEROUS ATTEMPTS AT SHORE PROTECTION FAILED TO SAVE THIS HOUSE ON LAKE MICHIGAN

Ill. Technical Basis for

High Risk Erosion

Area Management

A. Identification. Initial identification of areas
subject to serious shoreline erosion has
been by field survey. These surveys have
been conducted on at least two occasions,
and in some locations on four occasions, :.
between 1971 and 1975, by trained Depart- EROSION IS INDICATED IN THIS AREA BY THE FALLEN TREES,
ment personnel taking notes and photo- NARROW BEACH AND DAMAGED EROSION CONTROL STRUC-
graphs as they walked the shoreline. The TURES.
investigators have considered each of the assists in accurate bluff detection. Second,
items on the following field survey checklist, . h omTase coei sdt esr
Field Survey Checklist movement of the bluff line by superimposing
the two photographic images. In addition,
O] vegetation removed some recession rates have been determined
F]banrrowumeach from re-survey of property boundaries. The
tubiiyoadacnk slumpin average annual recession rate is determined
0 damaged erosion control structures for the last 20 to 35 years (usually 30 years),
17l damaged land structures a period during which both high and low
El protective works present water levels have occurred.
Elunusual angle of repose of the bluff

When two or more of these conditions are
found to be present, the area is "identified" '
for further study. Since the amount of erosion
occurring at any point in time may vary
greatly as a result of rising and falling water '-
levels, a long period of observation is
necessary to obtain an accurate average
rate of recession. Therefore, final classifica- -k'-'---
tion of a high risk erosion area is based not. Historic recession measured at inter
tion of a high risk erosion area is based not ~ ~ ~ vals along the shore, and permanent
only upon observation, but also upon landmark reference.
calculation of long-term recession rates for
the area ~..,-"

B. Recession rate determination, Bluff reces-
sion is determined by comparing low.
altitude aerial photographs of the shoreline ><'~ -
from two different time periods and noting . ~ .
the change in position of the bluffline.______
Calculations are then made to determine the .
average annual recession rate. Two different ______
photogrammetric methods are utilized. First, ..
stereoscopic examination of photographsI - 9

GRAND MARAIS IN 1939 (LEFT) AND 1978 (RIGHT) NOTE THE
BREAKWATER (TO RIGHT OF JETTIES) IS ALMOST CONTINU-
C. Setback establishment. Bluffline setbacks IN THE 1978 PHOTO, THE BREA STKWATER IN THE 1939 PHOTO
are calculated from the average annual THE SHORELINE TO THE EAST HAS RECEDED FROM ITS
recession rate to provide at least 30 years of FORMER POSITION.
protection from bluffline recession. The
average annual recession rate, expressed in
feet per year, is multiplied by 30 years. The
resulting value may then be adjusted
slightly for recession rate variability within Bluffline Recession.
an area. This process yields a distance,
expressed in feet, which is the minimum
required setback distance from the bluffline. 1975
In addition, the Department also provides a
recommended setback distance which Setbackmustbemeasuredon
should provide longer protection for struc- the date construction begins.
tures. Calculation of setbacks assumes that
long-term recession rates will continue to be
approximately the same in the future as they
have been in the past. For example, if the
average recession rate on a particular
parcel has been determined to be three feet
per year, the minimum required setback 1980
distance would be about 90 feet from the Approximately75feetofprotection .
remains after five years.
bluffline, the actual distance being based
upon the average of all the rates located in
that area. The recommended setback dis-
tance would be larger, and would offer - --
additional protection should the recession
rate be greater than anticipated due to 1990
excessively severe storms or abnormally About 45 feet of bluff protects
high water levels. the building after 15 years.

The illustration to the right shows what may
be expected to occur over a 30 year period -
when the long-term recession rate continues
to be the same as has been determined, 2005
and a structure is built back the minimum
setback distance the law requires. Assume 90 feet was the minimum, but a greater
the bluff recession rate approximates three distance would have been better.
feet per year, and the setback has been
calculated to be 90 feet from the bluffline.

IV. Effect on '

Property Owners

As noted before, designation of high risk .--
erosion areas takes place only on those parcels
where it has been shown that the average
bluffline recession rate for the area is one foot
or more per year. THESE HOMES ARE IN DANGER OF DAMAGE OR DESTRUCTION
FROM SHORE EROSION.
A. Building requirements. Designation of a setback line. If the property lacks sufficient
parcel as a high risk erosion area affects the depth to meet the necessary setback, a
property owner if he/she wishes to build a structure which can be moved when
new permanent structure * on the parcel. threatened by erosion may be permitted.
The building requirements call for the
structure to be set back from the bluff edge It is also important to remember that high
by a minimum required distance that would risk erosion area designation does not alter
protect the structure from shoreline erosion the particular type of use (such as residen-
damage for at least 30 years. Septic tial, commercial, agricultural, etc.) to which
systems and tile fields as well as buildings a parcel may be put. Type of use remains
must adhere to the setback. subject to applicable zoning provisions of
the city, village, township or county.
Some city, township or county zoning
bodies have adopted minimum setbacks in B. Special exceptions. If a parcel, which has
their zoning ordinances. The property owner been established prior to high risk erosion
should check with the local -building code area designation, does not have adequate
enforcer to determine how local zoning depth to provide the minimum required
provisions relate to the state program and to setback from the bluffline, a special excep-
his/her building plans. tion may be allowed to permit the building
of a structure that can be moved before it is
Where setbacks have not been incorporated damaged by shore erosion. Special excep-
into zoning provisions, or are not adminis- tions will be granted only if certain criteria
tered by the locality, the property owner are met:
must obtain a permit from the Department of
Natural Resources before construction-can 1. If a sanitary sewer is not used, the septic
begin. Permit applications may-be obtained system must be located on the landward
from the address listed at the end of this side of the structure.
brochure. The permit application will-be
approved if the placement of the proposed 2. The structure must be located as far
permanent structure meets or exceeds the landward of the bluffline as local zoning
minimum setback requirements established restrictions will allow.
by the Department of Natural Resources.

It is important to note that designation does i.'
not totally restrict use of a particular parcel. Roadway
While a permit must be obtained for
construction of a permanent structure on a
parcel which has been designated a high
risk erosion area, restriction on use of the Septic System
property only extends landward to the . :

C. Appeal procedures. Property owners are
able to initiate appeal of the high risk
,' .' .' '.. '"''''""-.-. � � designation or the disapproval of a permit
'". .':- Set ' .'..., ""' . ...... simply by writing a letter to the Director of
' * bck .- .. the Department of Natural Resources within
.."a.' '-' ' '.' /':~ . /: ''.:h.' '"'-:'. : ? 60 days of high risk designation or permit
*. ':-. . '.: ,disapproval. A meeting may then be held
between the staff of the Department of
" .- "./-" . -' .' ' ' J Natural Resources and the property owner
. .,Locally Required Setback in an effort to informally reach agreement.
*,"., ~t. -; '* 'p'from Road or Adjacent Lot This process provides for review without the
.' .' ':-Property Lines :'," ,
:. . ..-....., .-....-.,i/. " expense of attorney fees if the applicant
desires. If the issue cannot be resolved to
____,...-._...".".-......' ' the mutual satisfaction of both parties, a
formal contested case hearing may then be
held. A nonbiased hearings officer is
appointed who will hear the evidence,
prepare a record of the proceedings of the
Also, one of the following requirements must hearing and make a "proposal for decision".
be met: The proceedings of the hearing and the
proposal for decision are then forwarded to
1. The structure is designed and con- the Natural Resources Commission, which
structed to be moveable. Review and is composed of citizens appointed by the
approval of the design will be incorpo- Governor. The Commission may reach a
rated into the Department of Natural decision on the hearing officer's recom-
Resources permit process. Especially mendations or it may hold additional
important, the foundation and other con- hearings prior to reaching a decision.
struction materials must be removed and Should the property owner disagree with the
disposed of as part of the moving final decision and wish to carry his or her
operation. Also, access to and from the case further, he or she has 30 days after the
structure site must be of sufficient width Commission's final determination to petition
and acceptable grade to allow for actual the Michigan Circuit Court for a judgement.
moving of the structure.
2. A department approved erosion control
device is constructed and maintained by
a state, county, municipal or township
government.

THIS HOUSE WAS MOVED BACK FROM THE FLAT AREA
DIRECTLY BEHIND THE BLUFF.

V. Role of Local

Agencies

The Shorelands Protection and Management
Act provides that local units of government may
administer and enforce the minimum setback
requirements established under the authority of
this act by incorporating them into zoning
ordinances or other regulatory controls. The
primary advantage of local enforcement of
shoreland regulations is that it increases THIS SEAWALL, LIKE MANY EROSION CONTROL DEVICES, WAS
efficiency of administration by integrating set- ULTIMATELY INEFFECTIVE IN PREVENTING EROSION.
back requirements into the other zoning and
construction review responsibilities of the local interagency agreement between the Depart-
unit of government. ment of Labor (which administers the Michigan
Construction Code) and the Department of
Local governments have the authority to adopt Natural Resources, assist in the enforcement of
shoreland zoning under the authority of Act 245 shoreline setbacks through review of building
as mentioned above, as well as under the permit applications. In accordance with this
powers granted them in Michigan's zoning agreement, local building code enforcers
enabling acts. In order to ensure that shoreland check to see that the required shoreline
ordinances meet the intent of the state legisla- setback permit has been issued to a person
tion and comply with the minimum requirements wishing to build on a designated parcel before
for protection established by the state, ordi- the building permit is issued. In this role,
nances, amendments and modifications must building code enforcers can provide assistance
be reviewed and approved by the Department. to property owners in their area of jurisdiction.
The Department also periodically reviews the
performance of local zoning authorities in Local governments may note that the Depart-
enforcing their shoreland zoning provisions to ment of Natural Resources is willing to give
ensure that enforcement adequately considers technical zoning assistance to those local units
the state legislative and administrative intent. who desire it.

In some cases, it may be possible for local
units of government to enter into cooperative
agreements with the Department of Natural
Resources to administer the setback require-
ments in high risk erosion areas. In these
cases, the local unit of government reviews
plans for development in high risk erosion
areas for compliance with the minimum re-
quired setbacks. As with enforcement of zoning
provisions, the Department will review the
performance of the local agency to ensure a
minimum level of regulation.

In addition to the above legal arrangements,
local building code enforcers, pursuant to an
A SETBACK IS THE BEST WAY TO INSURE THAT A NEW HOME WILL
NOT BE PREMATURELY DAMAGED BY EROSION.

..... .... - Summary

In summary, the following points should be emphasized:

1. The purpose of Act 245 erosion provisions is to alert
property owners to high risk erosion hazards along the

2. This purpose is accomplished by establishing setback
requirements designed to protect newly constructed
permanent buildings from erosion caused damage.
N: Ei Ei g3. It is anticipated the setback requirements will save
p ublic funds and private investments by serving as a
reminder to property owners tha t storm and high water
damages will recur.
4. C ommun ities with approved zon ing ordin ances or
cooperative agreements incorporating minimum set-
: ; back provisions will administer and enforce the
regulations locally.

5. The Department is willing to review the designation of
any property at the owner's request. In addition, a
formal appeal pro ce ss is provided in the rules.

9~i~z l~plM

K Definitions 9

The following definitions are taken from the administrative rules
of Act 245:

1. Bluffline means the line which is the edge or crest of the
elevated segment of the shoreline above the beach which
normally has a precipitous front inclining steeply on the
lakeward side.
SHORELAND WITH HIGH CLAY CONTENT CAN BREAK
2. Permanent structure means a residential building, commer- AWAY AND SLUMP IN LARGE CHUNKS WHEN
cial building, industrial building, institutional building, mobile UNDERCUTTING BY WAVES WEAKENSTHEBASEOF
home, accessory and related buildings, septic system, tile THE BLUFF.
field or other waste handling facility erected, installed, or
moved on a parcel of property. This definition does not
include recreational vehicles or travel trailers; nor does it
include appurtenant structures that are less than 15 feet by 15
feet by 10 feet high which are used for picnicking, storage of
recreational or lawn equipment, and are constructed in a
manner which facilitates easy removal. The appurtenant
structure shall not have a permanent foundation and shall not
be used as a residential facility.

3. Minimum required setback means the distance between the
bluffline and the lakeward edge of the permanent structure.

THE BLUFFLINE NORMALLY COINCIDES WITH THE LAKEWARD EDGE OF THE PERENNIAL VEGETATION.

Further Information

If you have further questions after reading this publication, or wish
to obtain a setback permit application, please call or write:

Department of Natural Resources
Division of Land Resource Programs
Great Lakes Shoreiands Section
P.O. Box 30028
Lansing, Michigan 48909
517/373-1950

DATE DUE

GAYLORD No. 2333 PRINTED IN

3 6668 14107 9246

THE POWERFUL EROSION FORCES ALONG THE GREAT LAKES SHORE-
II I!11Mt ~LINE DOOMED THIS HOME FROM THE BEGINNING. IN 1976 (ONE YEAR
-' ~ ?:~~~LATER) THE HOME WAS DESTROYED DESPITE THE LAST DITCH EFFORT

LAND RESOURCE PROGRAMS
DEPARTMENT OF NATURAL RE SOURCES
DEPARTMENT OF NATURAE RESOURCES