Panel told Lion’s Den beach signs destroyed

Ozaukee County supervisors have been “brought up to speed” on the clashes between beach walkers and homeowners living next to Lion’s Den Gorge Nature Preserve in the Town of Grafton.

Although neighbors’ have complained and made several appearances at county meetings, last week’s Natural Resources Committee meeting was the first time the issue was put on an agenda, allowing for an open discussion by county supervisors.

What officials learned when the meeting began from Chris Rogahn, one of the neighbors, was that signs posted by the county had been destroyed, presumably by one of the beach walkers.

County Administrator Jason Dzwinel and Planning and Parks Director Andrew Struck said permanent signage will soon be put in place.

The incident was reported to the Sheriff’s Office and cameras at the nature preserve will be checked, Struck said.

This summer, neighbors of the park have  complained that beach walkers coming from the nature preserve are trespassing, littering or otherwise disturbing their property.

Homeowners have stretched ropes across the beach from the base of the bluff to the water and posted signs to ward off hikers.

As a result, homeowners have been vilified on social media and their beach properties have been littered with trash, campfires and even feces.

The controversy has brought into focus the question of what part of the beach is open to the public.

It has long been a point of controversy in Wisconsin where the law is not clear. It has worsened locally in recent years, however, as Lion’s Den has gained popularity, drawing visitors from as far away as Chicago and Madison.

And the controversy promises to not improve with the development of Clay Bluffs Cedar Gorge Nature Preserve just north of Lion’s Den.

A case in Shorewood in which a man was ticketed for trespassing while walking on the beach there is in Milwaukee County Circuit Court.

The man has promised to take it to the state Supreme Court to resolve the issue but that will take months, if not years.

According to the state Department of Natural Resources, the ordinary high water mark of the lake is the boundary between private property and the public lakebed, even if 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,” a DNR spokeswoman told Ozaukee Press.

Ozaukee County Sheriff Christy Knowles said Tuesday her office asked the DNR to contact homeowners to discuss the issue.

Struck said DNR officials may establish where the ordinary high water mark is on the properties in question, essentially the point of the beach between the high and low water marks that stays wet.

Any DNR signage would be almost meaningless and won’t likely be added where the ordinary high water mark is, Supr. Todd Ambs, formerly head of the Wisconsin Department of Natural Resources’ water division, said.

“They’ll just map it,” he said.

In any case the ordinary water mark shifts, he said.

“It changes constantly,” he said.

“We’ve had years in Port Washington when there is no beach,” Supr. Tony Matera agreed. “It’s a moving target.”