The Minnesota Department of Natural Resources (DNR) sought comments on proposed land exchanges at two public hearings Wednesday, August 26, 2009 at the Community Center in Grand Marais, but one hearing involved much more controversy than the other.
The first hearing was short, with no one commenting after DNR Realty Program Coordinator Katherine Giel read a statement regarding the exchange. Opposition was raised during the second hearing, attended by six Lutsen residents as well as the landowners in question.
At issue was the proposed exchange of two large parcels of Hovland land owned by Larry and Leanne DeWester for three parcels of land owned by the state. If the exchange takes place, the state would receive 440 acres of private land in exchange for 320 acres of public land. Both sets of land are valued at $700,000.
The DNR is proposing to exchange two 40-acre parcels off the Gunflint Trail along the Gunflint Transfer Station road, two 40-acre parcels on either side of the Caribou Trail near the Murmur Creek Road in Lutsen, and four 40-acre parcels on the east side of the Caribou Trail north of Holly Lake.
Discussion focused on the 160 acres north of Holly Lake and its potential for development, and those present did not agree on exactly how much of that property is wetland.
DeWester offers exchange rationale
DeWester read a statement he had written, saying he was asked by the DNR in 1998 if he would be willing to sell his 440 acres in Hovland to help the state consolidate its holdings in the Grand Portage State Forest. “While I was willing to assist the state in their desire to acquire my lands,” he said, “I expressed my wish to explore a land exchange rather than an outright purchase in order to attempt to keep some parcels on the local property tax rolls.
“It is my belief that in a county with such substantial public land holdings as we have here in Cook County, it is important to try to maintain enough private tax base to provide adequate funds for the provision of quality local government services and education without overtaxing the few private land owners that remain.”
DeWester said he has worked with the DNR to come up with an exchange that “would satisfy both our needs while also being sensitive to the wishes of other citizens and organizations.” Previous proposals have been withdrawn twice “in order to balance the desires of all parties concerned,” he said.
“During this lengthy exchange process I have also learned that there are people who oppose government land exchanges because they favor outright purchase in order to maximize the amount of publicly held lands,” DeWester said. “These groups will not find any exchange acceptable and usually hide their true reasons for opposition by expressing environmental or safety concerns as relates to any future potential development.
“I expect tonight that we will likely hear some people express opposition to this exchange stating that some or all the land along the Caribou Trail is not suitable for potential future development. I would suggest that this state hearing is not the proper venue to discuss local land use issues. These types of concerns, when and if legitimate, are the proper jurisdiction of local government and not the Minnesota Department of Natural Resources.
“In responding to concerns and questions regarding potential development threatening the 13 acres of wet meadow, shrub, or woodland swamp on that 160 parcel, I stated my strong preference for low density development on all parcels, stated my desire to see the wetlands protected, made clear that I thought current zoning restrictions were appropriate (one resident per 10 or 20 acres), though I personally would prefer to see less density and pledged not to seek any zoning change to increase density.
“…When asked how I thought a potential future buyer of the property could develop the parcel and still protect the wetland, I suggested the possibility that a PUD [planned unit development] could be used as a tool to allow for some development while protecting the wetland. …A PUD was seen as a possible positive mechanism to help provide protection, not as a mechanism to increase development.”
Amount of wetlands questioned
Paul Nelson stated that he is not opposed to development as long as the land is maintained properly and hoped county ordinances would be followed if the land were developed. In a separate conversation, he showed an elevation map he had obtained from Planning & Zoning Administrator Bill Lane showing that much of the property shared a low elevation.
DeWester indicated that the DNR supplied him with maps showing the amount of lowland on the property. Bill Lane said National Wetland Inventory maps show roughly where wetlands have been historically, but for specific parameters on a piece of property, a delineation must be made by a state-certified delineator.
“We are opposed to this,” said John Cole on behalf of himself and his wife, Diane. He stated that despite existing land use regulations, illegal roads have been built over wetlands and land has been developed improperly. Examples are the Sawmill Bay Road near Caribou Lake and the Poplar River watershed, he said. Larry DeWester should not move to the other part of the county to “privatize” land for his own benefit, Cole said.
The county does not have enough people to oversee some of the construction that is taking place, said Tait Lake resident Gary Maciejewski, citing as an example Langston Palma Investments property on Sag Lake Trail, which he said was “totally destroyed. …To say that the county can control these things is problematic,” he said, although he believed Planning & Zoning Administrator Bill Lane is doing a “tremendous job” dealing with the Langston Palma development.
Because the property in question is part of the Holly and Mistletoe lakes watershed, Maciejewski said, he believes it is wrong for the DNR to put it into private hands.
Why would I want to obtain property that is mostly wetland? How could I develop it? DeWester asked.
People fill in wetlands, Maciejewski answered, by buying credits from other areas. “It happens,” he said.
In a separate conversation, Assistant Planning & Zoning Administrator Dave Demmer said people can buy wetland credits from a state “wetland bank” if they cannot avoid filling in wetland when developing their property. The bank consists largely of former agricultural properties on which old drain tiles have been stopped up so that former wetlands could be restored.
Using purchased wetland credits does not go unchecked, however. A Technical Evaluation Panel consisting of Planning & Zoning, Soil & Water, Board of Soil & Water Resources, Army Corps of Engineers and DNR meets once a month during the growing season to evaluate land use permit applications. They must follow the state’s Wetland Conservation Act policies in reviewing potential land uses. “There’s quite a bit of oversight,” Demmer said.
Massive development feared
At the August 26 hearing, Diane Cole said that “massive developments” have been created in other parts of the county, such as around the Superior National at Lutsen golf course, in which trees have been cleared for lots that don’t sell.
“Where does it stop?” Mrs. Cole asked. “This can’t continue.” The DNR should not enable development by trading its accessible, developable land for land that cannot be developed, she said.
“We have no control over who you sell it to,” Maciejewski said. “The county doesn’t have the people to enforce the laws.” They want to make sure their forests and waters are preserved, he said.
DeWester pointed out that despite the county’s large size, local government must only manage the 8% that is owned privately. He said he hopes someone would consider the 160 acres a “trophy” property, buy it for its white pine, wetland, and natural beauty, and build just one home on it.
After 38 minutes of discussion, the hearing was closed.
No opposition for Gunflint exchange
Receiving no opposition was the proposed exchange of 40 acres of DNR land south of the Gunflint Trail between Okontoe and Poplar Lake (valued at $67,344) with 40 acres of land in Hovland owned by Linda Swinyard, east of the Arrowhead Trail and north of the Jackson Lake Road (valued at $68,000). Swinyard’s land is near DeWesters’ land in Hovland, with two 40-acre parcels lying between them.
On September 10, the potential land exchanges will be presented to the DNR Commissioner, who will determine if they will be brought to the September 29 meeting of the state Land Exchange Board. Land exchanges must be approved unanimously by the three members of the Land Exchange Board, comprised of the governor, the attorney general, and the state auditor.
Leave a Reply