3201 - WATER - RIGHTS-OF-WAY TO WATER FRONTAGE
Issued January 1, 1977

WATER - RIGHTS-OF-WAY TO WATER FRONTAGE

The lakes, streams, and the Great Lakes should be available for use and enjoyment by all the citizens of the State.

It shall be the policy of the Department of Natural Resources to protect and preserve public rights-of-way which lead to frontage on lakes, streams, or the Great Lakes.  The Department shall object to the closing, abandonment, discontinuation, alteration, revision, or vacation of such rights-of-way or enjoinment of their public use whenever such action would unreasonably reduce or prevent the public's access to or enjoyment of the water body concerned.

Objection shall be withheld where public use has clearly become an uncontrollable or unsuppressible public nuisance of such magnitude and nature as to require relief for other property owners in the area which can be obtained only through loss of the public right-of-way.  Objection may also be withheld when closure will otherwise clearly serve a distinct public interest.

The Director is hereby instructed to designate an appropriate member or members of his staff as the person(s) responsible for implementing this policy and to establish a procedure prescribing methods by which action will be taken.  The Director is further instructed to cause to be prepared legislation which will assure that the Department is recognized as a party in interest in all actions to vacate public rights-of-way to water frontage.

This policy and referenced procedure replaces Department Letter No. 221.

Procedure No - 3201 .1