April 1, 2005

Department of Environmental Quality Director Steven E. Chester announced today that he has issued a Final Determination and Order in an important wetland case that has been in litigation for almost 15 years.

The case involves a cranberry farming operation in Cheboygan County operated by Wallace Huggett in which he had sought a permit to create approximately 270 acres of cranberry beds in an ecologically significant wetland bog. When the state denied a permit in 1991, Huggett filed a lawsuit seeking a determination that cranberry farming was exempt from the permitting requirements of Michigan's wetlands law. Huggett prevailed in the circuit court and commenced his cranberry operation, but the Michigan appellate courts ultimately determined a permit was necessary.

Director Chester's decision largely reverses a Proposal for Decision that would have authorized the continued operation of the cranberry farm over the 270 acres without mitigation. Under the order announced today, cranberry farming will be restricted to approximately 125 acres. In addition, Huggett must reclaim and restore approximately 50 acres of wetlands on site and mitigate approximately 180 acres and possibly more, off site. Finally, the DEQ is imposing rigorous groundwater monitoring requirements to ensure that agrichemicals do not impact or impair other natural features in the area.

"Wetlands play a vital role in the ongoing health of Michigan’s environment, and their protection is certainly a high priority for the DEQ,” said Director Chester. “Our decision today will help restore a biologically unique and incredibly rich ecosystem, and preserve it for future generations of Michigan citizens."

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Revised April 1, 2005 by Alice Stimpson