County posts signs in effort to defuse beach access debate

Following complaints from neighbors of Lion’s Den Gorge Nature Preserve, Ozaukee County parks officials have installed new signs warning hikers to stay off private property.

“Yes, the county installed additional signage near the beach at Lion’s Den today,” County Administrator Jason Dzwinel said Tuesday in an email. “In addition, there is an alert on the county’s Lion’s Den Park website, and the private property boundaries are clearly noted on the park map online.”

“Public beach is located within the boundaries of Lion’s Den Gorge Nature Preserve,” the new sign reads in hard-to-miss yellow letters on a red background. “Please do not trespass on neighboring private property.”

The new signs are in response to complaints from neighboring property owners that beach walkers coming from the nature preserve are trespassing, littering or otherwise disturbing their property.

The problem has gotten worse with the development of Clay Bluffs Cedar Gorge Nature Preserve just north of Lion’s Den.

Tensions have increased in recent weeks as property owners have erected rope lines across the beach to the water, warning walkers to stay off their property.

Last week, two residents complained to county supervisors on the Natural Resources Committee about the situation.

“Over the past few years, as the popularity of the Lion’s Den Gorge has increased, we have seen increased traffic on our private, beachfront property. This traffic has increased significantly since the Clay Bluffs Preserve was announced,” Angela Harris wrote in a letter to county supervisors.

Mark Harris also wants a park “ranger” on site to educate park visitors on property rights and the county to pick up trash left on private beaches by walkers.

During a Natural Resources Committee meeting last week, both complained about a lack of communication with the county.

On Tuesday, Dzwinel said he had talked with neighbors.

“As I have communicated with some of the neighbors, the county is limited by the State of Wisconsin Department of Natural Resources in our ability to place signage on the beach proper,” he said. “Any signage below the ordinary high-water mark needs to be permitted by the state. That is what has allowed the county to place the current sign on the beach.

“County parks staff also do not have any enforcement authority, and when there is an issue in any of our county parks we rely on the support of our Sheriff’s Department for enforcement.”

While residents have spoken before the County Board and the Natural Resources Committee, they’ve done so during public comment periods when supervisors are not allowed to respond. The issue, so far, has not been on an agenda either as a discussion or action item.

Dzwinel said he will talk to committee Chairman Rob Holyoke about whether to add it to the July agenda.

Angela Harris and other landowners have said they have been vilified on social media by people who think the beach is open to the public.

“We have had people being openly hostile towards our neighborhood members, including someone who wishes the owner would ‘tumble down the bluff’ and other threats,” she said

Last week, a DNR spokeswoman said in an email that the ordinary high water mark of the lake marks the boundary between private property and the public lake bed, “though the actual water’s edge is often much lower. The Wisconsin DNR has long communicated to the public to ‘keep your feet wet’ when recreating in public waters.

“Trespass matters are not within the Wisconsin DNR’s authority and are enforced by local jurisdictions,” she said.

“Under laws the Wisconsin DNR enforces, landowners cannot place structures below the ordinary high water mark (on the bed of the lake) without authorization from the state, and cannot obstruct navigation in public waters.”

Angela Harris said she and her neighbors have no issues with official guidance on beach use but rather are concerned about abuses.

“We acknowledge that the individuals walking along the water are not trespassing,” she said. “Our concerns are related to the garbage, feces, tent and fire building on our property.