The legal rights to use public road ends that border an inland lake has long been a topic of uncertainty, and occasionally contention.
16
View from above
An aerial view of Union Lake, which straddles both West Bloomfield and Commerce townships.
19
Harmony in nature disrupted
While improvements in precise insecticides are a benefit to agriculture, scientists are now realizing that there are downsides with impacts on lakes, tributaries and aquatic life
Cover credit: Photo of Brendel Lake in White Lake Township by Allen Snelling.
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PUBLIC ROAD ENDS LONG-STANDING CONTROVERSY OVER ACCES S TO WATERWAYS
B Y MICHAEL SCOT T
The legal rights to use public road ends that border an inland lake has long been a topic of uncer tainty, and occasionally contention in Oakland County and throughout the state of Michigan
A “public road end” is the ter minus at an inland lake or stream of a road that is lawfully open for use by the public, according to Attor ney Clifford Bloom, a par tner with the Grand Rapids-based law fir m Bloom Slugget, PC.
The Michigan Depar tment of Natural Resources (DNR) estimates there are more than 11,000 inland lakes in the state, which equates to more freshwater shoreline than any other state nationally The DNR also lists 82 state-sponsored harbors, over 1,300 state and local boat launch sites and more than 6,000 boat slips throughout the state and local harbors While the state does not have a comprehensive database of public end roads, there are likely thousands around Michigan.
“ You go up nor th and ever y (public) road ends at a lake,” said Mike Kowall, a for mer township super visor, Michigan State Representative and Michigan State Senator from White Lake Township
Public road ends are considered easements, but there was little oversight of such land for decades Bloom wrote in the Fall 2020 issue of Michigan Riparian, a publication of the Michigan Lakes and Streams Association, that boaters and anglers have long used public road ends to dock, moor or maintain watercraf t on adjacent inland lakes The state law was a bit hazy on the gover nance details during that time
That all changed in 2012 with public Act 56, better known as the Public Road Ends at Lakes Law, a bill sponsored by Kowall, then a state senator The new law updated a section of the Natural Resources and Environmental Protection Act of 1994 per taining to public road ends Passed by the state legislature and signed by then Michigan Gov Rick Snyder, public Act 56 prohibits private docks, over night boat mooring, and activities that obstr uct ingress/egress at public road ends, with some exceptions for pre-existing cour t orders or plat dedications on public roads
These restrictions are not applicable to private end roads, where the rights are deter mined by the private agreements and dedications
The prohibition based on the 2012 law is for both private citizens and public entities like local municipalities, absent a local ordinance regulating private road ends at lakes Private road ends that border on inland lakes are more difficult to police and are defined by the fact that the road is privately owned and not maintained by a local county road commission Use and access to the lake from a private road end are typically limited to the specific proper ty owners it ser ves, as defined by their deeds, easements, or private agreements, and subject to general riparian law principles, the law states
Kowall said the idea for the bill was first proposed by his for mer township clerk as a way to prevent people from par tying and making noise all hours of the night at public end roads, something that regularly happened on White Lake, located in Kowall’s hometown in nor thwest Oakland County Once he star ted researching the issue, Kowall quickly realized this was an issue all over the state He recalls lear ning about similar complaints from residents all across Michigan, including Fife, Hancock and Houghton lakes in the nor ther n par t of the state’s Lower Peninsula
“ We didn’t want people to use the (road ends) as an extension of their own proper ty or as a place to hang out (days) at a time,” Kowall said “Continued usage was really the problem ”
Public Act 56 also set a precedent for enforcement that previously didn’t exist, Bloom said Policing and enforcement of public road ends has improved in the last 13 years, but “ some police agencies still won’t write tickets,” he added That’s why adjoining proper ty owners
are of ten forced to act as the enforcers of public Act 56 by contacting officials at their local communities
The law codified several cour t decisions, making it a misdemeanor to “ use road ends for placing boat hoists or boat anchorage systems, mooring or docking boats between midnight and sunrise and installing a dock or whar f ” The bill confir med that the state’s Depar tment of Environmental Quality would need to approve single season docks that were authorized by a local gover nment body The misdemeanor is punishable by a maximum fine of $500 per day of violation
Kowall said the intent of the law was to empower residents with complaints about illegal activity at public end roads to contact their local municipalities The law ’ s wording related to enforcement is purposely broad because since most county sheriff ’ s depar tments do not have a marine division that has the capacity to enforce activity on public road ends It allows each community to make a deter mination about what agency or depar tment will investigate and respond
“ When there’s an issue you let your local (municipality) know and hopefully they can issue the citation,” Kowall said “If there’s a problem, contact someone Perhaps it gets tur ned over to the local cour ts if needed and they take it from there ”
In addition to mooring and docking activities, public road ends were considered by some residents as public land available for their use, although that perception had no legal standing Even af ter the institution of Act 56, some cour ts have r uled that public road ends on inland lakes can be used for temporar y access to that lake since that water is owned by Michigan residents
Residents though have generally not been granted rights for more per manent activities like docks, boat hoists, or multi-day lounging/picnicking, which are considered private riparian rights There are some exemptions for limited public use In Michigan law, "limited public use" for proper ty rights refers to situations where the public has a right to use a private or gover nment- owned proper ty for specific, defined purposes, but not for general, unrestricted access or ownership
Limited public use is a nuanced concept that can involve easements and right of way An easement grants specific right to use another ’ s land for a par ticular purpose, according to the Grand Rapids law fir m of Mika Meyers
Notably the law does not affect lake the Great Lakes, which are gover ned by other laws given the federal gover nment’s role Ten U S federal agencies are involved in the protection and restoration of the Great Lakes, according to the MSU Institute for Public Policy and Social Research
Public Act 56 also clarified that a private end road at a lake in Michigan is not par t of the public highway system Its use and access to the lake are typically limited to the specific proper ty owners it ser ves, as defined by their deeds, easements, or private agreements, and subject to
general riparian law principles Fur ther more, it laid out guidelines that private litigation is possible whenever a boat or dockage is Improperly maintained at a private road That litigation is waived if a local municipality has an ordinance regulating private road ends at lakes
In the 13 years since public Act 56 of 2012 was enacted, it is doing what it was intended to do, and has been upheld several times in Michigan cour ts, said Dan Dalton, par tner and founder of Detroit-based Dalton & Tomich The law sought to answer the question whether people could access an inland lake at a road end by building a dock or mooring a boat
“Residents have the right to access an inland lake as a public body of water, but they do not have the right to build a dock at a road end bordering the lake,” Dalton said “Several cases have interpreted the use end r ule as an access point They don’t have the right for a long-ter m (docking) ”
Dalton said if a non-proper ty owner wanted to access an inland lake at a private road end, their best bet would be to contact the landowner(s) for approval Public Act 56 doesn’t specifically preclude people from loading a boat But Dalton believes that action could be considered activity that restricts ingress or egress, which is written into the 2012 law
“It depends on the local community so the law there is uncer tain,” he said Dalton, however, recommends that someone seeking access should receive approval from the lake road end proper ty to remain in compliance with the law
One of the first tests of the strength of public Act 56 of 2012 came in 2016 when the Michigan Cour t of Appeals addressed the statute in Colthurst v Br yan The public road right- of-way debate centered around a lake end road bordering Wamplers Lake in Lenawee County
It had been common for area residents or local neighbors to install a dock and moor boats seasonally at public road ends bordering Wamplers Lake for several decades, without explicit approval from the proper ty owners The legal issue arose because the owner of one of the adjoining riparian or water front lots objected to these activities at the public road end they owned, filing a lawsuit in 2016
The Michigan Cour t of Appeals r uled in favor of the riparian lot owner and required that the private docks and boats be removed from the public road end, rejecting arguments from the defense that the other residents, which included backlot owners, had a vested right in dockage and boat moorage at the public road prior to the 2012 law
“Just because you have the right to access (an inland lake) and have docked boats there before, it doesn’t mean you (always) have that right,” Dalton said “A public road should not be used as such It can’t be pre-empted by previous acts ”
In other words, there is no right to adverse possession, which is more commonly known as “squatter ’ s rights ”
Adverse possession is a principle under which a person who does not have legal title to a piece of proper ty, most of ten real estate, may acquire legal ownership of it
State law deter mines if there’s a specific period of time during which the land is possessed by this non proper ty owner for the land to be acquired by that individual(s) The law of adverse possession for real estate is primarily in Michigan, which is gover ned by Michigan Compiled Laws § 600 5801 and by various case law examples That law provides for a 15-year statutor y period, but the r uling in Colthurst v Br yan did not offer defendants that right
Another case was that tested the strength of Act 56 of 2012 was the Township of Grayling v Ber r y in 2019 in which the township sued private par ties to enforce the law that docks and moorings were not allowed at a site at Por tage Lake Park near Jackson, Michigan The Cour t of Appeals decided on July 13, 2019, that the township did have the right to sue a group of residents to enforce the specifics of Act 56, fur ther cementing the law ’ s provisions
A third case in 2024, Barlet v Lake City, involved the topic of rights of access, where the cour t looked at a plat map for non-adjacent owners to see if there was histor y of proper ty use for docking or mooring While the cour t generally r uled in favor of the plaintiffs, it created the potential for an exception if the plat map provides access for non-proper ty owners A plat map is a legal document that defines and depicts a specific piece of land, its divisions and usage
“ The bottom line is that as a proper ty owner, I have the right to limit access to lakes on end roads,” Dalton said This includes the right to preclude access from docking or mooring boats The law also gives both public entities and private citizens, as proper ty owners of the land in question, to enforce the law as written
Bloom also wrote about the impact of public Act 56 in a spring 2018 newsletter ar ticle in the Michigan Riparian While taking a retrospective look of the law, he wrote in that newsletter that most Michigan residents comply with the statue and that the majority of local municipalities have respected the statue and agreed to comply with its working It’s a view Bloom still holds today
“In most cases though that law wouldn’t be enforced because 98 percent of the time it would be a (first responder), or occasionally a (local municipality) and they just didn’t enforce it,” Bloom said recently “(Adjoining) neighbors would have had to bring a lawsuit ”
Whether local authorities enforce the law is another issue If local municipalities and their law enforcement agency par tners are not actively patrolling that proper ty, Dalton agrees with Kowall in suggesting adjoining landowners contact their local for assistance At the ver y least, law enforcement officials will likely acknowledge and respond to the complaint
“Of ten (local officials) won’t enforce the laws (at a lake end road) on their own so you will want to bring it to the attention (of local authorities) as the landowner,” Dalton
said “ They may not even know there are issues there because if can be such a small (piece of land) ”
If enforcement doesn’t occur, Dalton recommends the landowner contact a lawyer experienced in riparian law to consider filing a suit for enforcement Kowall believes a protracted legal battle would be the exception rather than the nor m If a legal issue does persist, the related legal costs would come out of the landowner ’ s pocket, which could quickly get restrictive depending on the situation
“ You will have to make that decision if you want to (enforce) that privacy,” Dalton said ‘It may or may not be wor th it financially The legal process can take some time ”
Chris Matteson ser ved as president of the Michigan Anglers Association but hasn’t been on the board for 10 years He remembers how it was common for boaters and anglers to launch their boat from a public end road into an inland lake, and that proper ty owners never seemed to mind for years, provided the boaters were respectful of the proper ty
Yet as lakefront proper ty values rose, adjoining proper ty owners began to care more about such actions from members of the public, Matteson said Many lakefront proper ty owners statewide restricted access to their land and considered a nearby easement with access to be offlimits as well Matteson said that many other lakefront proper ty owners let areas of road end parcels connected to inland lakes grow wildly with tree, bushes and shr ubs, which ser ve as a deter rent to public road end usage
“I understand how valuable that land is, but it’s gotten to the point where many people just want to protect ever y square inch of land they own on the water,” Matteson said “ There used to be more (neighborly) friendliness about it But it’s their proper ty, they can do what they want ”
Matteson said that anglers in par ticular accessed lakes through these public end roads and other easements bordering inland lakes Such anglers other wise lack direct lake access and/or used small boats with or without an engine, which cause few if any noise or environmental issues
While enforcement of the law of ten relies on lake proper ty owners to repor t issues, Kowall said most lake proper ty owners won’t hesitate In fact, these proper ty owners usually pay close attention to what’s happening on their lake Kowall referenced an example in White Lake Township where multiple resident complaints to local authorities resulted in a public end road that dead ends into a lake being per manently fenced off
“Ever ybody who lives on a lake knows ever yone else on it,” Kowall said “ They will notice if there’s a different boat or new people and they ’ll star t asking questions (Local residents) will help to police (end roads)
The Road Commission for Oakland County is not an option for enforcement of public end roads The commission maintains any publicly traveled roadway, either gravel or paved, that leads up to any public road ends in the county, according senior communications
director Craig Br yson However, the road commission does not maintain the land if there is no actual road on the road end The road commission would also maintain any traffic lights leading up to but not including a public road end
Br yson confir med that the Road Commission for Oakland County dos not actively get involved in any adjoining neighbor disputes over the use of public road ends “(We) would not typically contact law enforcement –residents can do that, of course, if they feel there is a need,” he said
Bloom said that people technically aren’t allowed to even lounge or sunbathe at a public road end without approval of the public entity, of ten the county road commission However, residents who car r y canoes or kayaks to the public road end for entering the lake do not present a legal issue, he added Loading or unloading a boat for daily use is another issue, since that action could har m the land,
“Generally, you’d need per mission of the local commission for (day loading) but they might not give it to you, ” Bloom said
Residents might be able to legally load or unload a boat on a single day, provided they don’t constr uct a dock to do so They could use a dock that is already built on that easement, but it is unlikely there are many such docks in the state, Bloom sur mised He called the theoretical addition of a dock by a public entity at a lake road end “foolish ”
“ The liability potential would be huge to (legally) constr uct a dock at most public road ends,” Bloom said “It’s just not a smar t idea It can lead to environmental damage as well as the risk of (injur y) ”
Another reason Act 56 of 2012 was written to be enforced statewide was the potential ecological damage that illegal activity at road ends could cause on a lake, Kowall said For example, people docking a boat for multiple days without proper ty on the lake are less likely to be aware of invasive species their boat may be bringing into a lake
“ You’re more likely to get zebra mussels and other invasive species,” Kowall said “ These boats that are (launched) on multiple lakes are a potential har vester of weeds that can kill fish It can be just as bad as dumping raw sewerage into the lake ”
Looking back, Kowall is still surprised about how common it was to have illegal activity happening at public end roads around the state when he first researched the issue and eventually sponsored the bill that would define illicit activity at these easements
Oakland County with its many lakes has more boats and boaters than just about anywhere but Macomb County, Kowall added The lake traffic alone makes the management of public road ends an impor tant one
“It tur ned out to be a bigger issue than I ever would have expected,” Kowall said “ You can see why so many people cared about it ”
VIEW FROM ABOVE
Union Lake
Union Lake is a 465-acre all- sports lake straddling the townships of Commerce and West Bloomfield As the tenth-largest and thirddeepest lake in Oakland County, it has a maximum depth of approximately 110 feet It is considered one of the state's leading walleye fishing lakes, and anglers can also expect to find a variety of other fish, including black crappie, bluegill, largemouth bass, northern pike, smallmouth bass, and yellow perch.
WHILE PROVING A BENEFIT TO AGRICULTURE, THE IMPACT ON AQUATIC LIFE A CONCERN
B Y MARK H. STOWERS
Land and water har monize to compose Michigan into an outdoorsman’s paradise with lakes and streams and rivers bordered by four of the Great Lakes – Superior, Huron, Erie and Michigan. Much like a Lennon and McCar tney masterpiece, land and water create the paradise but contaminants from residential, industr y and agriculture threaten to break up that har mony.
For generations, insecticides and pesticides have been used to control and manage the wilds of Mother Nature, her creatures, and the diseases that threaten crops. Scientists have studied and produced mass insecticides that, in the early years, were as simple as elemental sulfur, arsenic compounds, and plant-derived substances like tobacco, herbs, and pyrethr um. Later, synthetic organic compounds such as DDT and 2,4-D were introduced Each one represented a step for ward as being better, more targeted, and used in much smaller, more specific doses. In the 1990s, neonics (pronounced "Nee- oh-nicks"), also known as neonicotinoids, were developed as insecticides and seed coatings for crops such as cor n and soybeans As science created more precise insecticides, their popularity and usage increased. The neonic chemical Clothianidin is used as a coating on cor n seeds, and Imidacloprid is applied on soybeans Thiamethoxam is used in both
While improvements in precise insecticides are a benefit to agriculture, scientists are now realizing that there are downsides with impacts on the sur face waters – lakes and tributaries – and aquatic life.
Neonics inter fere with the ner vous system of insects by binding to and overstimulating nicotinic acetylcholine receptors in ner ve cells This overstimulation causes uncontrollable shaking, twitching, paralysis, and ultimately death in insects
A Trout Unlimited magazine ar ticle stated, “Neonicotinoids quickly became the most widely used group of insecticides in the world, and their popularity is only increasing Similar to nicotine but synthetic in composition, they were developed as a safer alter native to the previously used organophosphate and carbamate insecticides, which were known to have har mful side effects on humans and other mammals They are applied directly to plants or use as seed coatings, allowing absorption into the plant tissues, targeting pest species that could infect the crop ”
These new insecticides are made to har m and kill insects like sap feeders – such as aphids, whiteflies, and planthoppers Neonics also target beetles (including white gr ubs), fleas (found in both cat and dog flea/tick collars), wood-boring insects, and cer tain flies that can invade and damage Michigan row crops
Neonics have other broad-reaching and unintended effects Most of ten they are associated with the decline in pollinators and birds The insecticide isn’t selective in its target when it spreads beyond the tur nrow Inver tebrate insects, which fish feed on, are affected by neonics, including mayflies and midges The insecticide can become a two -edged sword to aquatic life by first eliminating a cr ucial level of the food chain for fish and other aquatic organisms and could possibly stunt growth Second, if these insects have ingested neonics and are then eaten by fish, it could pose a problem, although scientists have concluded that most mammals and many ver tebrates are not sensitive to neonics because they lack the same receptors
The Trout Unlimited ar ticle also highlighted a case that demonstrates this Near Lake Shinji in Japan, far mers star ted using neonicotinoids on their rice fields in 1993 Within a year, the food web made up of ar thropods like cr ustaceans and zooplankton collapsed By 1994, two commercial fisheries aquaculture for eel and smelt also fell apar t Neither has recovered In 2015, a nationwide review of 48 streams, both urban and r ural across the U S , detected at least one neonicotinoid in 53 percent of the samples Positive detections were most common in heavily far med areas, especially in the Midwest, but were also found in small streams in Califor nia and large urban regions
Another issue of ten seen in risk evaluation is that the organisms used for testing effects may not have been the best choice for understanding ecosystem impacts When the EPA approved tests in the early 1990s, they primarily used water fleas (Daphnia) to
measure the toxicity of neonicotinoids, but we now know these are much less sensitive to toxicity than many aquatic insects, sometimes by hundreds of times This means that the limits set by the EPA do not protect many aquatic insects
Recent findings have detected the presence of the chemical in Michigan sur face waters
“For aquatic insects, par ticularly impor tant trout foods like most mayflies, caddisflies, and stoneflies, just the presence of neonics in the par ts-per-billion range is lethal,” said Jack Williams, the for mer director of the Trout Unlimited science team, who has been reviewing the impacts of neonicotinoid pesticides on aquatic insects and their effects on trout
Emily Smith is a policy manager for the Michigan Environmental Council The nor ther n Michigan native has been there three years
“In Michigan, we've got 20 percent of the fresh water in the world My understanding is that neonics are ver y per vasive,” Smith said “A lot of research needs to be done on the total effects for human health ”
Michigan far mers, who grow various crops like potatoes, wheat, cor n, and soybeans, know that crop loss caused by insects or weeds can be just as damaging Lost profits can lead to unpaid mor tgages, far m loans for planting, equipment, and crop inputs However, far mers have limited options Cor n and soybean seeds are treated with neonicotinoids and coated with fungicides and insecticides to protect against pests and diseases Seed companies are responsible for providing treated seeds The seeds available to far mers come already coated with these treatments
Calls to Bayer Crop Science and messages seeking more infor mation have not been retur ned at press time
According to the Trout Unlimited stor y, “From 2009 to 2011, the EPA estimated that 3 5 million pounds of the insecticide in various for ms – acetamiprid, dinotefuran, clothianidin, imidacloprid, thiacloprid, and thiamethoxam – were applied to 127 million acres of agricultural crops each year, not counting the rapidly increasing use of seeds coated with neonicotinoids, which far mers use to proactively prevent pests When you include neonicotinoid-coated seeds, the Xerces Society estimates that more than five million pounds of these chemicals were used in 2011 alone ”
The two main producers of neonicotinoid products are Syngenta, based in Switzerland and Chicago and Bayer, based in Ger many and New Jersey
Recent studies have shown the presence of neonics in Michigan water ways, par ticularly those near large agricultural businesses where cor n and soybeans are cultivated Michigan State Extension field crops exper t Chris DiFonzo explained more about neonics in cor n and soybeans
“Almost ever y acre of cor n seed is treated It comes that way The grower does not have a choice Unless it’s an organic grower, but regular field cor n is 99 9 percent treated at the company level,” DiFonzo said Soybean growers do get more of a choice according to DiFonzo
“ We're 50-50 Fif ty percent are treated with a neonic and a fungicide There's always a fungicide along for the ride And then maybe 50 percent of the acres are probably the fungicide alone,” she said
There were 2 25 million acres of cor n planted and 2 2 million acres of soybeans in 2025 in Michigan She noted that there aren’t many aerial applications of neonics in Michigan It’s almost all at the seed level DiFonzo also explained that each new chemical created and tested replaces a much harsher and more dangerous one
“ When it was introduced, it replaced organophosphate insecticides, which were originally developed from ner ve gas – essentially, World War II ner ve gas – and were extremely toxic to humans They especially affected the developing brains of children So, they were introduced just at the right time People of ten forget this was to replace a class of insecticides that was widely used on fr uits and vegetables Organophosphates are mostly phased out now We replaced a ver y large human health problem, a group of insecticides that was responsible for that, with neonics,” DiFonzo said
But with each replacement, nothing is per fect and not without impact
“ The way that the older genophosphates were used, they were sprayed on or just dribbled into the ground With cor n and soybeans, the neonics are placed right on the seed It's a ver y targeted kind of application,” DiFonzo explained
“In Michigan, the cor n far mer has no choice,” she said “It is put on with fungicides and nematicides and other products as a package And par t of it is for pest control, and par t of it is for convenience Because if I had just paid $350 for a bag of seed and then something ate it, I would come back to the company and complain, and then the company would have to pay out again It's insurance in cor n There would be times where you would judiciously, you probably do need it You're planting early when the seed sits in the ground for a while You're planting into soil that's kind of wet and maybe you think you might have pathogens and some other insect issues, or you have gr ubs, or you have wirewor m There are those kinds of cases ”
With fewer insects in Michigan for soybeans, entomologists have agreed that there is less need for seed-treated soybeans, according to DiFonzo
“ We have ver y few insects in soybeans at planting The insects we do have, we recommend spraying for them if they are present And there'd be ver y limited
cases where you would need seed-treated soybeans It's more of a choice at that point The grower can get their seed treated or not in soybeans We have recommended that for the average far mer with good ground and no pest pressure, they not have the neonic on their seed, that they don't need it, mostly But that's not how seed is sold Seed is sold as package deals, where far mers get deals from companies or, they get a package seed treatment It's easier for the company to put the five things on the seed than to have you want only the four The far mer is at the mercy of how seed is produced There's a convenience of scale that we have in almost ever y industr y ”
With seed costs being one of the most expensive purchases, far mers have to accept the coatings, especially with cor n A bag of treated and coated seed that will plant two acres costs up to $350 Spread that cost over 1,000 acres, and a far mer has a $175,000 planting bill right out of the gate to star t the growing season before any fer tilization or other crop inputs The cur rent cor n price is $4 15 per bushel and last year ’ s average yield was 181 bushels per acre That’s $751 per acre and those 1,000 acres would gross $751,150
But when equipment costs, fuel, insurance and employee costs are deducted that number can quickly change to a deficit A natural disaster of rain or other weather can cause a far mer to replant some acreage, cutting deeper into the projected retur n on investment
“Cor n is an untested system because it all comes treated A grower can't even order an untreated seed or non-neonic seed to see what would happen,” she said
And even as data and testing is coming out in the past 10 years showing neonics in water samples, prior chemicals would have had a much higher showing in decades past
“If you looked at what was in water 30 years ago, you would have picked up organophosphates and carbamates, which is what we used to use If you put stuff into the soil, the soil moves, and water moves Once it gets to the aquatic system, what does that mean? That I don't know But they don't bioaccumulate DDT bioaccumulated But neonics, the pyrethroids that we use, none of those things bioaccumulate They can't move up the food chain and get larger amounts, like we did with the old organochlorines That's another old one we phased out Organochlorines were replaced by organophosphates and organophosphates were replaced by neonicotinoids We're always doing better,” DiFonzo said
The science of the insecticide is “If there's residue on a crop and you ate that, you would be exposed to that residue, and then you'd probably break it down in your body and pee it out or however it breaks down in the body But it wouldn't stay long-ter m in there,”
DiFonzo said “ That’s par t of the EPA registration package If something bioaccumulated, it doesn't get registered ”
With the millions of acres planted, neonicotinoids go in the ground in March, April, May on all those acres just in those two crops
“ There will be off movement through water for a period of time that could be detected,” And according to DiFonzo, “Michigan is the biggest cor n seed producer in the world Southwest Michigan and Nor thwest Indiana are the largest seed production areas for cor n in the world There are 60 growers producing 25,000 female acres ”
Looking at the aquatic impact of neonics, there is neonic contamination in Michigan waters, according to a June 2025 National Resource Defense Council (NRDC) repor t Michigan sur face waters – including tributaries – are of ten contaminated with neonics year-round at levels above safety thresholds for aquatic ecosystems Also, a US Geological Sur vey data shows 75 percent of samples from major tributaries contain detectable neonicotinoids The Saginaw River had 12 samples taken and 100 percent of them detected clothianidin Of the 24 samples taken for imidacloprid, 33 percent detected it The 12 samples for thiamethoxam only had 25 percent of the samples showing the chemical
The Clinton River sampling recorded findings of imidacloprid only but had some of the highest levels recorded in 2001 with 985 nanograms per liter The numbers decreased in 2018 to 809 and 723 in 2021 The nearly 82 mile river that ends in Lake St Clair also includes the upstream tributar y Paint Creek, the only designated cold-water trout stream in the state No tests for neonic residues were conducted at Paint Creek though In 2023, Michigan’s Depar tment of Agriculture and Rural Development (MDARD) collaborated with the Depar tment of Environment, Great Lakes and Energy (EGLE) to test for neonics in state sur face waters The USGS repor t explained that neonics were detected at exactly half of the sites and the bulk of detections were from the three neonic active ingredients in seed treatments The sampling dates of May, July, September and November cor relate with the agriculture season Optimal planting is early to midMay for cor n and soybeans Peak residues are expected af ter the first rainfall af ter planting and then in July and in November during har vest af ter rain
Kevin Cox, super visor for the Water Toxins Unit with EGLE and Dawn Roush, a super visor of the Lake Superior, Huron and Erie Unit, have been investigating emerging contaminants Roush has more than 24 years of experience, while Cox is picking up the work first begun by Dr Sarah Nedrick, for merly with EGLE The initial USGS sur vey kickstar ted their work
“ We saw that there were some detections of some of these, par ticularly in the Saginaw Watershed where the USGS did a few sample sites there,” Cox said “Seeing some of the infor mation from that study and reviewing a bit on just the overall use of these neonicotinoids and concer ns about par ticular pollinators, how much would we see in our sur face waters?”
EGLE conducted a comprehensive study r unning from August of 2021 to October of 2021; then restar ted it in April through July of 2022 With 14 sites sampled with both single time water grabs and passive sampler devices that collect chemicals over a 28-day period
“ We tested for six different neonicotinoids, both in the passive samplers and in the grab samples And we found really the big three that we were anticipating seeing fairly frequently That's imidacloprid, clothianidin, and thiamethoxam,” Cox said
His unit also set out to deter mine what an appropriate level of contaminant would be “ We wanted to see what value or concentration would impact aquatic life in our sur face waters and so these values end up coming out pretty low,” he said “Imidacloprid was 29 nanograms per liter That's a pretty low number while clothianidin was 81 nanograms per liter for the chronic value and thiamethoxam was 280 nanograms per liter Again, each compound has slightly different toxicities And what we found was that in seven of the 14 sites, imidacloprid at one time would exceed that chronic number It’s exceeding the value that could show impacts So, in this situation, mayflies and midges are the most sensitive, and that's how we based our number for all three of them ”
EGLE’s repor t states that seven sites out of the 14 that have exceedances for imidacloprid as a pollutant, as an emerging contaminant in sur face water
“It was a little dishear tening to have half the sites with a number above We do also at times look at human health data But in this circumstance, the pesticide, the imidacloprid, is really targeting insect species Insects are much more sensitive than people If you look at some human health values in other states and locations and EPA, they're orders of magnitude are above where you're seeing impacts on the aquatic inver tebrates,” Cox said
The sur vey showed the cloth and maximum concentrations were also two to five times higher than what was seen previously Roush pointed out there is an agriculture presence in the watershed and the pesticide impact was anticipated
“It gets into the water from r unoff, and it can be impactful to the macroinver tebrate communities in those waters if there's high enough concentrations,” she said
Roush also works with Region 5 EPA and other states in the Great Lakes region looking at emerging issues and neonics have been par t of that discussion
“ We primarily monitor waters that go to those three Great Lakes, but we also have some statewide effor ts, too One thing we have is the Water Chemistr y Monitoring Program, which is super vised within my unit We have 250 sites that were chosen randomly throughout the state in rivers and streams And we look at the 50 of those a year over a five-year period And so, each year, that's a random snapshot of the state Ever y year there are 50 across the state That way, ever y year we can get a snapshot of what's going on ”
With 26 routine parameters including phosphor us and nitrates, chloride, mercur y and lead are looked at ever y year
“ The sixth year, we go back and look at those 250 again and we also get trends over time Because this is a statewide effor t ever y year, it's nimble, and it's ver y easy to add an emerging issue to it We've done it for E coli We've done it for selenium And then we decided this was a great oppor tunity to investigate neonics Neonics, because while we hear a lot about agriculture, my question comes back to, what are neonics typically looking like through the state and our rivers and streams?”
She explained: “Anecdotally, I feel like you hear that they're definitely used in agriculture So, we look in agriculture area We conduct these targeted studies, and I think that's ver y impor tant But it's also impor tant to say, what do they typically look like in the state? Where are we typically finding them? How of ten are they exceeding a threshold? Is har mful to aquatic life? So that's where I come in The group that's in my unit oversees the study We have contractors who collect the data The first year we collected neonics was in 2023 ”
It took some time to figure out how to conduct the study per taining to who would conduct the lab analysis, what costs would be and where to find the money The study has 105 sites each year The study is looking at neonics but has focuses on such contaminants as PFAS, e-coli and microplastics and selenium
The sites in Oakland County included Kearsley Creek where dinotefuran was found in 2023, Sashabaw Creek where fipronil1 was found in 2024, the Huron River where imidacloprid was found in 2024 and Trout Creek where acetamidprid, dinotefuran and imidacloprid were all found in both 2023 and 2024 “ The sites are visited four times the year they are sampled, once in May, July, September, and November All four Oakland County sites had at least one pesticide detected at least one time Of the pesticides in this analysis, Michigan has water quality standards for Clothianidin, Imidacloprid, and Thiamethoxam Of
those three, Imidacloprid was found at two of the four sites in Oakland County,” Roush said “And while it was detected, Imidacloprid was not found higher than the acute value in any samples at either site At Trout Creek, Imidacloprid was found above the chronic value during one visit; however, two or more detections above the chronic value are required to be considered exceeding Michigan's chronic water quality standards that protect fish community and other indigenous aquatic life and wildlife designated uses ”
Cox noted that “while we can point out and with our repor ts, like we generated for the Saginaw, and then as Dawn’s group continues to gather data, we want to raise awareness in ter ms of making changes to that effor t across multiagency multi-gover nment and public tr ying to move the needle ”
There is enough evidence in the 105 sites study, according to Cox, “where we've seen at least one of the pesticides we're looking at 46 times, so almost 50 percent of the time, That, to me, shows that there's an issue out there And then a total of nine sites, so almost 10 percent of the sites, you're seeing either Clothianidin or Imidacloprid or both exceeding that threshold ”
The duo can only pass their findings up the gover nment ladder, but EGLE doesn’t have the authority to change pesticide labels Only the United States Depar tment of Agriculture and the EPA can make those deter minations when they approve pesticides And the infor mation used to make deter minations is largely supplied by the manufacturer of the neonics
“Even if they're following the uses, we're still seeing these compounds exceeding our water quality values Maybe those labels need to be adjusted, but again, we don't have the authority to dictate what's approved and gets put on those differently And again, the far mers are just following the instr uctions and planting those seeds and those seeds and uses have been approved by the labeling for that pesticide use Our job is to look for it because you can't manage something if you don't monitor for it ”
According to Cox, the half-life of the neonics used in Michigan are up to a year
“It's not an immediate breakdown when it gets released in the environment, like some chemicals It sticks around for a little while, but not like the level of PFOS where PFOS sticks around in the environment for a real long time,” he said “It's really impor tant for a state agency to target studies like we did in Saginaw And then also ask those statewide big-picture questions ”
Dan Raichel, director of Pollinators and Pesticides for the Natural Resources Defense Council, is an attor ney by training and has been involved with
neonic since becoming aware of the chemical’s endanger ment to bees
“ There's only one factor that maps with that sudden spike of losses, and that's the sudden uptick in use, the massive uptick in use of neonicotinoid pesticides, or neonics for shor t, which are likely some of the most potent insecticides ever created and used on the largest scale annually in American histor y, ” Raichel said “And so, you add that together and you have some of the most ecologically destr uctive pesticides since DDT ”
He fur ther stated, “it's not just the seed, but it's the plant as well Neonics were the first systemic insecticides And what that means is they are designed to per meate plants They get into the leaves, the roots, the pollen, the nectar, ever ything, with the idea being they make the plant itself pesticidal So that allows people to paint them, literally paint them on crop seeds, with the idea being as that seed is growing into a plant it soaks up the poison or the toxin, the active ingredient, through its roots and makes the plant toxic The issue is only two to five percent of that active ingredient gets into the target plant The other 95 plus percent stays in the soil where it persists for years and years and years And the issue with neonics is that systemic activity Basically, what allows them to get sucked up into the plant is that they are ver y water-soluble ”
When the rains come, according to Raichel, “those neonics are moving through the soil, they're contaminating new soil If that new soil has wild plants in it, they soak up the pesticides, they become toxic If there is a water supply nearby, that sur face water, ground water, that water supply becomes polluted And because they're persistent for several years, what happens is year af ter year use of these seed treatments, you get a buildup of toxicity in the soil Again, that's expanding into ever y nook and cranny of the ecosystem ever y time it rains ”
Quoting research from a Cor nell University study, Raichel noted, “In climates like Michigan, the data shows that these seed treatments provide no net income benefits for far mers So ver y rarely are you getting a yield benefit from using a seed coating, and even in those rare cases that you do, that additional cost of having treatment on the seed versus the benefit, economically, it's a wash This is research that's come out all across the United States, across the Midwest that Cor nell actually put together ”
He also explained the inter national significance of neonics and what other countries are doing
“Europe did prohibit the three main neonics, the ones used as seed treatments, in 2013 they expanded the ban to just about ever ything in 2018 Other
jurisdictions have been a little bit more surgical The Canadian gover nment enacted a policy in Ontario, too, whereby far mers, if they wanted to use a neonic coating on their crop seed for a field crop seed – cor n, soybean, wheat, other small grains – would need to get a prescription from their agronomist stating it was going to treat a legitimate pest problem Because, again, what the research was showing is that these were not providing economic benefits, they were being used on all crops, basically prophylactically That would be like taking an antibiotic now, just in case you might get sick in December With the prescription requirement, we saw neonic use rates drop in Quebec from 100 percent on cor n, 50 percent in soybean, to less than 0 3 percent in cor n and zero percent in soybean in a matter of years without any switching to more har mful alter natives or associated crop loss In fact, crop production has been either flat or up since those r ules went into place And so that model has also been copied in the United States ”
Even with the research, the Michigan Depar tment of Natural Resources “boots on the ground” with fisheries have not seen damage to Michigan fish wor th noting according to Cleyo Har ris, a DNR fisheries technician
“It's not something that's on our radar as far as sampling it If we did anything, it would just be collecting fish for EGLE to test,” he said
The 2025 Michigan Health and Human Ser vices Eat Fish Safe Guide doesn’t list neonics as a contaminant found in any fish across the state The guide lists mercur y (usually a r unoff chemical from golf courses and lawns), PFOS, and PCBs MDHHS tests filet samples of fish taken from Michigan’s lakes and rivers to find out which fish are safer to eat The Eat Safe Fish Guide lists the fish that have been tested, along with the safe amount to eat
“ The histor y of pesticide use shows that we keep replacing pesticides with better options That’s really the tr uth We used to use arsenic as our first pesticide We continue to replace, replace, replace And now we have neonics, which don't have many of the health effects on humans However, they cause pollinator issues and may enter water, affecting non-target insects due to their widespread use And why are they so broadly used? Because they replaced many har mful substances on large areas of land So, we need to keep that perspective in mind We do our best to replace bad with better but better isn't always best We're always working toward that,” DiFonzo said
T H R E AT E N E D P L A N E T
Threatened Planet is a newsletter of curated information gleaned from over 30 print and online news sources where reliable information is provided on the health of the environment and the efforts to remedy problems facing the planet We constantly monitor a diverse list of sources – the major daily newspapers in the country and in Europe, a variety of scientific journals and government websites, along with newsletters from environmental groups, as well as a wide-ranging list of other reliable print and online news outlets For those concerned about the environment, we do the legwork by aggregating relevant information from a wide swath of sources and attempt to offer links mostly to those sources not restricted by a paywall Those interested can sign up for the newsletter at ThreatenedPlanet com
Research and composition of the Threatened Planet newsletter is the work of Austen Hohendorf
As the climate war ms, new data shows huge swaths of land across the globe are quickly dr ying, threatening humanity ’ s supply of fresh water (Abrahm Lustgar ten/ProPublica)
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The Pacific island nation of Tuvalu could be submerged in 25 years due to rising sea levels, so a plan is being implemented to relocate its population to Australia (Fer nanda Gonzalez/Wired)
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Researchers are enlisting sharks as mobile marine monitors, attaching sensors to their dorsal fins, in hopes that as the sharks swim through the ocean, they will collect temperature readings and other infor mation that can be used to predict the power and trajector y of Atlantic hur ricanes (Dino Grandoni/The Washington Post)
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Consumers Energy spent $29 million in the first month of complying with the U S Depar tment of Energy ’ s order it continue operating the coal-fired J H Campbell Plant past its planned closure date, according to a recent corporate filing (Carol Thompson/The Detroit News) ▾
The Tr ump administration just dealt another blow to U S environmental regulations one that could allow more contamination of drinking water from toxic coal ash contamination thanks to an EPA proposed extension of deadlines for required repor ting and groundwater monitoring at coal ash landfills and dumps (Kari Lydersen/Canar y Media) ▾
A 2023 analysis from the National Renewable Energy Laborator y found that the Great Lakes states have enough offshore wind power potential to provide three times as much electricity as all eight Great Lakes states use cur rently, which would mean plenty lef t over to meet increasing demand or send power elsewhere in the countr y (Cora Sutherland, Melissa Scanlan/Ohio Capital Jour nal)
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President Lyndon B Johnson’s science advisor y committee in 1965 war ned of the dangers of unchecked global war ming, and the United States has taken steps to protect people from these risks, but now, however, the Tr ump administration appears to be essentially abandoning this principle, claiming that the costs of addressing climate change outweigh the benefits (David Gelles, Maxine Joselow/The New York Times)
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The U S Energy Depar tment has released a rather unusual repor t, written by five climate skeptics, which is meant to suppor t the Tr ump administration’s sweeping effor ts to roll back climate regulations, contending that the mainstream scientific view on climate change is too dire and overlooks the positive effects of a war ming planet (Maxine Joselow, Brad Plumer/The New York Times)
Michigan is among twenty states suing the Federal Emergency Management Agency (FEMA) for canceling a grant program that guards against natural disasters (David A Lieb/The Associated Press)
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The Environmental Protection Agency (EPA) is planning to repeal a fundamental scientific finding that gives the U S gover nment its authority to regulate greenhousegas emissions and fight climate change (Lisa Friedman/The New York Times)
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In less than one week, there were four 1-in-1,000-year rainfall events across the United States in July (Denis Chow/NBC News)
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A new study finds climate pollution is super charging the effects of the strongest nor’easters (Laura Paddison/CNN)
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Af ter nearly a decade, chemical company DuPont agreed to a $27 million settlement in the Hoosick Falls water contamination class action lawsuit (Hilar y Howard/The New York Times)
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New research shows that climate change degrades the nutritional value of crops. (Paige Bennett/EcoWatch)
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The new appropriation bill from the House Republicans will slash the EPA budget by 23 percent. (Rachel Franzin/The Hill)
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The Tr ump Administration adds new layers of review for renewable wind and solar energy projects, threatening to slow the approval process ahead of deadlines to quality for tax credits (Jake Spring/The Washington Post)
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Michigan ore mines and a manufacturing plant will be exempt from new air pollution r ules through a series of proclamations from President Tr ump (Gar rett Ellison/M Live)
Metro Intelligencer is a monthly column devoted to news stories, tidbits and gossip items about what's happening on the restaurant scene in the metro Detroit area Metro Intelligencer is reported/ created each month by Gigi Nichols who can be reached at GigiNichols@DowntownPublications com with news items or tips, on or off the record.
A witch’s feast: unlimited topokki
Witch Topokki has deemed itself to be “America’s first allyou-can-eat topokki ” With one location in New York City, the eater y has recently opened a second location in Troy So, what exactly is topokki? According to Witch Topokki’s website, “ Topokki, a traditional Korean dish, is of ten refer red to as ‘spicy rice cakes’ and considered a national treasure While simple to recreate, older generations of Koreans have fond memories of enjoying it as a comfor t food with family and friends in the food market streets Today, topokki has evolved into a high-quality restaurant dish, yet we want to recreate that nostalgic street food experience in our restaurant with a buffet-style ser vice for ever yone to create and share their own versions of this delicious dish ” Witch Topokki’s self-ser ve bar allows customers to be the curator of their own signature dishes, using a variety of fresh ingredients, and adding their own preference of sauces including sweet and spicy, medium spicy and extreme spicy The eater y offers a selection of soju and sakes, Asahi Japanese beer on draf t as well as domestic bottles Some things to note regarding the all-you-can-eat topokki: there is a 90-minute dining time limit and an additional 20 percent charge for ever y 30 minutes beyond the limit and any lef tover food exceeding 16 oz will incur an additional charge and cannot be taken home Witch Topokki is open seven days a week, Monday-Sunday, 11:30 a m to 11 p m 300 John R Road, Suite A, Troy witchtopokki com
New owner for iconic restaurant
Af ter nearly 100 years, the Kurz family will pass the baton at the Dakota Inn, Detroit The historic Dakota Inn Rathskeller, the traditional Ger man restaurant and beer hall on John R at 6 Mile, has been owned and operated by the Kurz family since 1933 Last week, third generation owner Karl Kurz handed the keys to Paddy Lynch A funeral director by trade, Lynch has become known for historical restoration projects around Detroit, including The Schvitz, Convent Detroit, and most recently, Dutch Girl Donuts For the Dakota Inn, two industr y veterans will ser ve as Lynch’s managing par tners and oversee operations Les Molnar (Johnny Noodle King, Green Dot Stables) will ser ve as Culinar y Director and Jar red Gild (Wester n Market, Pash & Glou, The Schvitz) will ser ve as Beverage Director and Special Programs Manager Lynch, Molnar and Gild have all frequented the historic spot for years and are thrilled to car r y on the Kurz family legacy According to Lynch, “Little to nothing will change in the main dining room, ” where generations of patrons have enjoyed affordable food and drink, familiar faces, singalongs and other festive activities That said, the par tners see major room for growth in the downstairs Rathskeller, a traditional Ger man bar room with
vintage murals and decor that has been used ver y little in recent years This is where Gild’s Ger man and Central European wine programming will take center stage, along with the oppor tunity to book private par ties, wine tastings, and other special events Gild explains, “I’ve loved the wines of Ger many and Central Europe for years and local wine drinkers have shown they do too This will be the best place to explore the diverse styles of the region, from centuries old traditional estates all the way to the hippest natural wine upstar ts There is going to be something for ever yone here, and so many cool wines that you can hang out with us ever y week Being a regular here is going to be really rewarding ” 17324 John R Street, Detroit dakotainn com
Food truck lands permanent location
One of Metro Detroit’s favorite food tr ucks, The Pita Post, is putting down roots in Royal Oak Af ter years of ser ving loyal fans from the road, The Pita Post is shif ting gears and expanding into a fixed location designed exclusively for car r y- out, deliver y and catering With the new space comes an expanded menu, extended hours, and a year-round presence no more winter breaks “ We’re beyond excited to take this next step,” said Tal Sasson, owner of The Pita Post “ What star ted as a mobile dream has grown into something tr uly special, thanks to the suppor t of our incredible community This storefront gives us the chance to offer more of what people love fast, flavor ful food with even more convenience ” Menu favorites making their way from the tr uck to the storefront include The Chicken Shawar ma Pita, Falafel Bowl, Beef Cheesesteak Pita, and the ever-popular Cauliflower Salad While the storefront offers a per manent home base, The Pita Post isn’t giving up its wheels just yet Fans can still find the tr uck this summer at top local spots like Detroit Fleat, Fer ndale and the Bir mingham Far mers Market 2520 W 14 Mile Road, Royal Oak thepitapost com
Street Beet plans for Birmingham
Meghan Shaw, founder of popular Detroit vegan eater y Street Beet, has announced plans to expand to Bir mingham with a walk-up location at 233 N Old Woodward Avenue A press release states the concept will operate out of the rear of a new bodega-style market with alley access and a quick-ser vice setup for lunch, snacks and late-night bites The Bir mingham location will offer car r y- out ser vice, grab-and-go items, plant-based lattes and sof t ser ve, and exclusive menu items alongside fan favorites like their signature fried “chicken” sandwich However, Nicholas Dupuis, Bir mingham Planning Director, noted that the bodega project has not yet come to the city for per mits or occupancy requests related to the bodega, raising questions about where the concept stands in the city ’ s approval process “Street Beet Coming Soon” signage is cur rently posted in the windows, signaling momentum toward opening despite the lack of for mal filings 233 N Old Woodward Avenue, Bir mingham
A) Oxford Multi includes: Cedar, Clear, Long, Squaw, Michelson & Tan Lakes
B) Waterford Multi includes: Cemetery(Middle), Dollar, Greens, Maceday, Lotus, Lester, Van Norman, Williams, Mohawk, Wormer, Schoolhouse, Silver, Upper Silver & Loon Lakes
C) The Loon Lake control structure also controls Mohawk, Wormer, Schoolhouse Silver & Upper Silver Lakes
D) The Van Norman control structure also controls Green, Maceday, Lotus & Lester Lakes
E) Lake Angelus, Huron River, and Clinton River levels are not under the jurisdiction of this office
F) The Dawson Mill Pond and Sylvan-Otter Lakes are controlled by the Price Dam
G) Crystal Lake is controlled by the Walter Moore Dam
H) Lake Louise and Huff Lake are controlled by the Ruth Johnson Dam
I) Waumegah Lake reading in N.G.V.D (1983)
J) Some Winter Levels are set by Court Order Others reflects customary drawdown
