Hart Enterprises: A Wetland Case Study

This study analyzes a dispute between Hart Enterprises Inc., a medical device manufacturer located north of Grand Rapids, and the Michigan Department of Environmental Quality. The department alleges that Hart Enterprises’ property contains a nearly one-acre wetland — an area that lies in the way of the company’s proposed expansion of its parking lot. Because of the DEQ’s ruling, the department expects the company to request a wetland permit — request that might be denied, or that might be granted only with significant conditions attached.

Readers may view a supplemental video of Russ Harding interviewing Alan Taylor of Hart Enterprises.

Contents

• Hart of Michigan
• The "Wetland" Status of Hart's Property
  • The Start of the Dispute
  • Hart Enterprises' Viewpoint
  • The DEQ's Viewpoint
  • The Impact of Definitions
  • 'Contiguous' to a 'Stream'
  • 'Wetland'
  • From a Vague Statute to Expansive Regulations
  • An Ineffective Wetland Inventory
  • The Hart Dispute Since the 'Wetland Fill'
• Recommendations
  • Exempt Wet Areas Incidental to Human Activity
  • Stipulate That Intermittently Flowing Ditches Are Not Streams
  • Define Key Terms in the Statute
  • Require a Binding State Wetland Inventory
• Toward a Wetland Success Story
• Endnotes