American Elephants


Great Moments in the Green Bureaucracy’s Regulatory Adventures. by The Elephant's Child
May 7, 2010, 7:30 am
Filed under: Environment, Humor, Junk Science, Law | Tags: , ,

Henry Payne recounted this delightful classic —  reprinted by the Mackinac Center —  in Planet Gore at National Review.

The Michigan Department of Environmental Quality, a hapless bureaucracy in Michigan’s capital city, with careful attention to the rules and regulations of  Part 301, Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994.  Here is the DEQ letter to a private landowner reprinted in all its indignant, bureaucratic fury.

DEPARTMENT OF ENVIRONMENTAL QUALITY
LANSING MI 48909-7973
December 17, 1997
CERTIFIED

Mr. Ryan DeVries
2088 Dagget
Pierson, MI 49339

Dear Mr. DeVries:

SUBJECT: DEQ File No. 97-59-0023-1 T11N, R10W, Sec. 20, Montcalm County

It has come to the attention of the Department of Environmental Quality that there has been recent unauthorized activity on the above referenced parcel of property.  You have been certified as the legal landowner and/or contractor who did the following unauthorized activity: Construction and maintenance of two wood debris dams across the outlet stream of Spring Pond.

A permit must be issued prior to the start of this type of activity. A review of the Department’s files show that no permits have been issued. Therefore, the Department has determined that this activity is in violation of Part 301, Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994, being sections 324.30101 to 324.30113 of the Michigan Compiled Laws annotated.

The Department has been informed that one or both of the dams partially failed during a recent rain event, causing debris dams and flooding at downstream locations.  We find that dams of this nature are inherently hazardous and cannot be permitted. The Department therefore orders you to cease and desist all unauthorized activities at this location, and to restore the stream to a free-flow condition by removing all wood and brush forming the dams from the stream channel.  All restoration work shall be completed no later than January 31, 1998.  Please notify this office when the restoration has been completed so that a follow-up site inspection may be scheduled by our staff.

Failure to comply with this request, or any further unauthorized activity on the site, may result in this case being referred for elevated enforcement action.

We anticipate and would appreciate your full cooperation in this matter.  Please feel free to contact me at this office if you have any questions.

Sincerely,
David L. Price
District Representative
Land and Water Management Division


The Michigan Department of Environmental Quality’s infamous regulatory war against beaver dams — the clueless, indignant bureaucrats had probably never seen a beaver.  They’re really kind of cute.  And they will never, never live this one down.

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