LaFayette learns about lake access abandonment

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By ELIZABETH HOCHSTEDLER
elizabeth.hochstedler@lee.net
Tuesday, October 7, 2008 3:05 PM CDT

LAFAYETTE — Obtaining access to Lake Wissota has become more difficult over the years, as access points have become forgotten, encroached or abandoned.

More town of LaFayette residents have become either concerned about finding access points or have looked at abandoning access points which may be adjacent to their property.

On Monday night just under a dozen residents attended a town board meeting to discuss the issue of lake access.

Problems with accessibility to lakes and rivers have arisen across the state. It has become more prominent in LaFayette since Ray’s Beach was established last year. It was also brought to the forefront of many minds when abandonment of an access point along 79th Avenue was granted by Chippewa County court on Sept. 22.

Bruce Neeb, waterway access coordinator for west central region of the DNR, was on hand Monday night to set clear the ground rules for abandonment of access points for residents and the town board.

He told the board that in order for someone to legally vacate an access point, that person would have to come to the town board and convince the board to put up a resolution.

The town would then have to contact the DNR to look into abandoning that point. In order for the DNR to consider taking up the abandonment, the town or the landowner would have to come up with a solution for an equal or better access point to replace the abandoned point.

“The key is to come up with a package where people would say, ‘Hey, I like this. This is superior.’” Neeb said.

Once that is considered, the DNR would publish a legal notice and take comments from the public. If requested from someone in the public, a public hearing may have to be set.

“It’s not a quick process; it’s not an easy process,” he said.

Many of the access points have been encroached or abandoned, and town Chairman Dave Staber expects those would be the access points which most landowners would like to abandon.

“We have one that has a garage on it; one that has a drainfield on it,” he said.

“We’re looking to see if we can exchange some of these encroached easements in exchange for what we did at Ray’s Beach,” he added.

With the creation of the beach, the town cleared about 500 feet of access. However, Neeb noted that designing that area may not clear the town to abandon several other access points.

He cited chapter 236 of state statutes, which says that lakes are supposed to have 60 feet of access for every half-mile of shoreline.

“The bottom line is the Department (of Natural Resources) isn’t going to find Ray’s Beach quality enough to abandon six miles of access,” he said.

Many residents looking to abandon access noted that most points do not provide proper parking spaces. They also said people use the access irresponsibly by staying out too late or leaving garbage.

But Jolene Berg, a LaFayette resident, said that parking isn’t necessary, and if more access points were available that people may disperse among the different points rather than focus on just a few.

“All these kids want is a place to go swimming,” she said. “Ray’s Beach is great, but I don’t want my kid on his bike down (County) X.”

Neeb told the group that providing equal or superior access can come in a variety of forms.

“You could be creative,” he said.

For example, one landowner who had encroached on the access point adjacent to his land on Lake Wissota had 40 feet of the 60 feet abandoned, but he also agreed to maintain and make some improvements to the other 20 feet, so the access was still available.

“It made what was a not-recognizable access into a useable access,” Neeb said.

He said on another lake a man abandoned access on one side of his property, but made a more superior point on the other side of the property.

Neeb also added that maintaining lake access is important to anyone who wants to reach the water.