Denuding denounced

Department of Natural Resources deluged with complaints after developer clear-cut land abutting the Milwaukee River

By MARIE ROHDE
mrohde@journalsentinel.com

Posted: Nov. 1, 2007

Glendale - Local residents and environmentalists are distraught that workers on bulldozers clear-cut most of the trees and shrubs on about an acre of land that abuts the Milwaukee River near the scenic Estabrook Park falls last week.

Clear-Cut Land

Environmental advocates are outraged that Heartland Development cleared trees and shrubs on land abutting the Milwaukee River. Heartland has reseeded the land.

Photos/Jack Orton A spokesman for property owner Heartland Development said the clear-cutting work was only an attempt to show off the 12-acre property's greatest asset: the view of the river. The company has reseeded the land.

Click to enlarge

"It's tragic," said Cheryl Nenn, a member of Friends of Milwaukee's Rivers, who has the official title of river keeper. "They annihilated everything."

She said the vegetation was a habitat for wildlife, that the area is a corridor for migrating birds and soil erosion could increase the river's temperature, endangering the lake sturgeon that the state Department of Natural Resources is attempting to reintroduce in the area.

All that remains is a thin strip of trees, not enough to prevent erosion or provide much of a habitat for wildlife, she said.

Jay Hintze, speaking for property owner Heartland Development, said the work was only an attempt to show off the 12-acre property's greatest asset: the view of the river.

"We were told that no permits were required for what we intended to do," said Hintze, who is also a former Glendale mayor. "Almost all the trees we took down were invasive species, not oaks and elms."

After talking to DNR officials, who said the disturbance of the soil required a permit and a plan to prevent erosion, Heartland immediately reseeded the barren land. Hintze said, "We will do whatever is required to come into compliance."

The DNR said it received several complaints about the tree cutting late last week and began an investigation.

"We got calls from fishers just below Estabrook Park and others," said William Wawrzyn, a DNR fisheries biologist. "There are issues with what happened." Hintze said his company had been told by Glendale that no permits were needed, but after the action the city told the firm that it was supposed to take precautions to avoid soil erosion.

Susan Eickelkraut, a DNR spokeswoman, said the land is so close to the river that Heartland should have taken steps to prevent erosion. She also said Glendale should have issued the permit and overseen the work.

Heartland could face fines of up to $900 a day, but usually the DNR looks at a company's history - Heartland had no previous violations - and then attempts to bring the violator into compliance. Fines are not a first step, she said. Nenn is concerned that the state law intended to protect the shore land doesn't have teeth, particularly in Milwaukee County, which is explicitly excluded from the state law. Local municipalities in the county are in charge of protecting the river and lakefronts, but Nenn said their efforts often fall short.

She noted that a similar clear-cutting was done recently at the Milwaukee Country Club in River Hills. The Milwaukee River runs through the country club's golf course, and trees along the river were cut as part of an improvement project. A club member complained to the village, and an investigation determined that the tree cutting did not violate ordinances intended to protect the riverfront. The investigator's report was not adopted by the Village Board because while four of the seven board members were present at the last meeting and constituted a quorum, one could not vote because he was also a member of the country club's board.

Nenn said the Heartland land had long been used by canoeists who need to portage around the Estabrook Park falls - the other side of the river is inaccessible. She also noted that it is a popular spot for fishing.

"When we produced our water trails map, Glendale promised that public access would be maintained," Nenn said.

City Administrator Richard Maslowski remembers it differently but said the city would attempt to get an agreement that would allow canoeists to portage at that point.

Glendale sold the 12-acre parcel to Heartland about a year ago for $850,000. It is the last piece of the former industrial park that has been made into a successful business park, and Maslowski said the city had hoped to have plans for a new development by now but has none.

Hintze said his firm is agreeable to maintaining access for the canoeists and envisions a riverwalk for the development. Heartland had envisioned an office building at that location but is now considering a second plan that involves condominiums, Hintze said.