August 4, 2005

Two Mid-Michigan developers have recently been found guilty of destroying over 15 acres of wetlands in Bay County. The ruling came in the second trial in the dispute, after the first trial ended in a hung jury.

The case involves Tom Kozak Sr. and his son Tom Kozak Jr. preparing a 26 acre site for a mobile home park in Kawkawlin Township. The Department of Environmental Quality notified the Kozaks in 1998, 2000, and 2001 of the presence of regulated wetlands on the site and provided them with information on the permitting requirements of Michigan's wetlands law. At no point in the process, however, was a permit application filed or any information regarding activities on the site submitted to the department.

A jury found both men guilty of draining surface water from 15 acres of wetlands by placing drainage tile and excavating a 1200 foot long drainage ditch on the property.

“This case affirms the need and importance of Michigan’s wetlands,” said DEQ Director Steven E. Chester. “Our department makes every effort to work with developers, but here two individuals chose to ignore the law and destroy an important part of Michigan’s ecology.”

The DEQ is now developing a restoration plan for the site to restore the wetland areas.

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

Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised August 4, 2005 by Pat Watson