Two Rivers Wisconsin City Manager Greg Buckley allowed this for years!
The SPIRIT and INTENT of Wisconsin Public Trust Doctrine, is that our navigable waters belong to ALL Wisconsinites. In that spirit, LAWS were written to provide access for all residents. Statute 236.16(3)a reads:
All subdivisions abutting on a navigable lake or stream shall provide public access at least 60 feet wide providing access to the low watermark so that there will be public access, which is connected to existing public roads, at not more than one-half mile intervals as measured along the lake or stream..."
That is WHY Beach Road was created! These 60 foot wide parcels of land THROUGHOUT WISCONSIN were reserved for public use. These accesses are disappearing at an alarming rate due to situations exactly like ours. "Abutting neighbors encroach and slowly take over these precious public accesses." Our city, along with many others, often neglect to UPHOLD THE SPIRIT OF THE PUBLIC TRUST DOCTRINE! They allow individual parties to benefit while the public often cannot FIND the accesses or are discouraged by conditions such as; encroachments, signs and invasive cameras (see below) Cities like ours CONFUSE the intent of our law, disrespectfully calling these accesses "street right of ways". Even so, there should be NO ENCROACHMENTS allowed, permitted or granted.
This is our "WI Statute 236.16 platted public access to navigable Lake Michigan." One may be in YOUR neighborhood! The blacktop IS Beach Road and a path to the beach is on the other side of the fence. Often people can't even go around the fence!
08/2/7/12 Below you can see access is AGAIN obstructed:
08/28/12 Two Rivers Police department called a member of our group to say that the advice the Lieutenant gave was wrong - but does the below picture look RIGHT?!!
