Riparian Rights & Lake Michigan Property Litigation

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Riparian Rights & Lake Michigan Property Litigation

If you own property on Lake Michigan or one of southwest Michigan’s inland lakes and streams, you should know that you have a distinct set of ownership rights worth protecting. Shoreline disputes can escalate quickly, and the regulations that govern waterfront property in Michigan leave little room for error. If you’re dealing with this type of dispute, a lawyer at Herbert Machnik Law Firm can help you cut through the legal complexity and move forward with confidence. Contact us today to arrange your initial consultation with a member of our Kalamazoo legal team.

The Basics of Riparian Rights in Michigan

Riparian rights are the legal rights that come with owning property on the bank or shore of a lake or stream. These rights, which belong to riparian owners, or those whose land directly touches the water, include the right to:

Access the water
Install docks
Moor boats
Make reasonable domestic use of the water
Retain ownership of any gradual accumulation of sand or sediment along the shoreline

That said, riparian rights aren’t unlimited. Michigan courts treat them as “correlative” rights, which means each owner’s use must be reasonable. One owner’s use can’t infringe on a neighbor’s equal right to use and enjoy the water. If you have questions about what your waterfront ownership actually entitles you to, a riparian rights lawyer can help you sort it out.

Lake Michigan and the Public Trust Doctrine

Lake Michigan is subject to a different legal framework than inland lakes and streams. Under the public trust doctrine, the state holds the bottomlands beneath Lake Michigan in trust for the public. This means Lake Michigan property owners don’t own the bottomlands in front of their properties as inland lake owners do.

The public has a right to walk, fish, boat, and recreate along the shoreline below the ordinary high-water mark, even if the adjacent upland is privately owned. Lake Michigan property owners retain their upland property rights and the right to seek permits for structures like docks and seawalls. If you own property along Lake Michigan, an experienced property rights lawyer can help you understand exactly where your rights begin and end.

Permits, Restrictions, and EGLE Oversight

Most physical activity that affects the Lake Michigan shoreline requires a permit from the Michigan Department of Environment, Great Lakes, and Energy (EGLE). Property owners must obtain permits to:

Dredge
Place fill
Construct or modify seawalls
Alter the shoreline
Install certain dock structures

The Lake’s ordinary high-water mark is the key regulatory boundary. Work that crosses it without authorization can trigger serious consequences, and EGLE has real enforcement authority. Violations can result in civil fines of up to $5,000 per day, criminal penalties of up to $10,000 per day, and orders to restore the area to its prior condition.

Common Causes of Lake Michigan Shoreline Disputes

Lake Michigan shoreline disputes can arise from a surprisingly wide range of situations. Here are some of the most common contributing factors we see as Kalamazoo riparian rights attorneys:

Dock and Mooring Conflicts: A dock that’s too long, angled incorrectly, or placed too close to a neighboring property line can interfere with another owner’s riparian rights. What one owner considers a minor inconvenience, another may consider a serious encroachment.
Shoreline Armoring and Damage: When a property owner installs a seawall or riprap to combat erosion, it can redirect wave energy and accelerate erosion on neighboring properties. These disputes can involve EGLE permit compliance, property damage claims, and even civil litigation.
Easement and Backlot Access Disputes: Backlot and subdivision lot owners sometimes claim the right to install docks, moor boats, or use neighboring beaches based on easements or plat dedications. The line between lawful access and riparian violations can get blurry in these cases.
Public Access and Trespassing: Below the ordinary high-water mark on Lake Michigan, the public has a legal right to walk, fish, and recreate. Above it, the upland belongs to the private owner. That line isn’t always easy to identify, and disputes over where it falls are common.
Boundary and Bottomland Disputes: Riparian property boundaries extend into the water at angles designed to give each owner a fair share of the waterfront. Determining where one owner’s riparian interest area ends often requires a survey or, in contested cases, litigation.
Erosion-Related Property Loss: Significant shoreline loss can raise questions about where a property line now sits. Erosion can also affect whether the owner still holds the same riparian rights and who bears responsibility for conditions that worsened the erosion.
Permit Violations and EGLE Enforcement: EGLE has the authority to pursue penalties against property owners who alter the shoreline or install structures without permits. These owners may need legal representation to respond to EGLE enforcement or to challenge permit denials.

Rising Water, Shrinking Shorelines, and the Disputes That Follow

Lake Michigan’s water levels rose more than two meters between 2013 and 2020, and the consequences for shoreline property owners across southwest Michigan were severe. Beaches disappeared, bluffs eroded, and property owners rushed to install seawalls and barriers to protect their homes. EGLE issued more than 3,300 shoreline permits in 2019 and 2020 alone, roughly five times the typical volume.

That construction surge triggered numerous disputes as many protective structures damaged adjacent beaches and bluffs. Water level changes also shifted the usual high-water mark, which in turn affected property boundaries and access rights. Even now, with water levels below their 2020 peak, the legal and regulatory questions that arose during the high-water period haven’t been fully resolved. If your property was affected, an attorney familiar with Lake Michigan property law can explain your options.

How Our Law Firm Can Help You Protect Your Shoreline

Lake Michigan shoreline disputes rarely fit neatly into a single legal practice area. A property boundary conflict can touch on real estate law, civil litigation, and regulatory compliance all at once. At Herbert Machnik Law Firm, we handle all of those practice areas and more under one roof, so nothing falls through the cracks, no matter where your case leads.

Our Kalamazoo attorneys work with Lake Michigan and southwest Michigan waterfront property owners on a range of riparian rights disputes. Whether you’re arguing over boundaries with your neighbors, untangling complex easement issues, or trying to obtain EGLE permits, we’re here to explain your legal rights and help you explore your options.

What sets Herbert Machnik Law Firm apart isn’t just our attorneys’ legal knowledge. It’s the fact that we take the time to understand what’s actually at stake for you before we make any recommendations. For many clients, a waterfront property isn’t just an asset. It’s a home or family gathering place, and is oftentimes the result of years of investment. Our Kalamazoo and Jackson property lawyers take that seriously when you entrust us with your case.

From your first conversation with our lawyers, you can expect direct answers, clear communication, and dependable representation from an attorney who stays with you through the process. If you’re facing a shoreline dispute or want to get ahead of a potential problem before it leads to litigation, contact Herbert Machnik Law Firm now to arrange a consultation.

Speak with a Kalamazoo Riparian Rights Attorney Today

Lake Michigan property disputes can move quickly, and the right legal guidance can mean the difference between a manageable conflict and costly litigation. No matter what type of riparian rights issue you’re facing, the lawyers at Herbert Machnik Law Firm are ready to help. We serve clients in Kalamazoo, Jackson, and the surrounding areas in southwest Michigan. Contact our office today to set up your initial consultation and take the first step toward protecting your shoreline.

Frequently Asked Questions for Property Litigation Lawyers

What is the "public trust doctrine" and how does it affect my Lake Michigan property?

Under Michigan’s public trust doctrine, the state holds the Great Lakes’ bottomlands in trust for public use, even where the adjacent upland is privately owned. In the landmark case Glass v. Goeckel (2005), the Michigan Supreme Court held that the public has the right to walk along the Great Lakes shoreline up to the “ordinary high water mark,” even where that shoreline crosses private property. Your ownership rights as a riparian owner remain intact above that line, but understanding exactly where it falls is often the first step in resolving a shoreline dispute.

Do I own the beach in front of my Lake Michigan property?

Not entirely. You own the upland portion of your property, but the state holds the bottomlands and the area up to the ordinary high water mark in trust for public use — meaning the public generally has the right to walk, fish, and recreate there even though it’s in front of your home. This surprises many waterfront owners and is a common source of disputes with beachgoers or neighboring property owners.