February 2, 2004

Today, the DEQ announced that on January 12, 2004, a jury found a Barry County man guilty of violating Michigan’s wetland and floodplain laws. Michael B. Smith of Orangeville Township, Barry County, was sentenced to six months probation, ordered to pay $200 in fines, and required to fully restore the wetlands and floodplain damaged as a result of his illegal activities. The sentence was handed down by 56B District Court Judge Gary H. Holman.

The case was a collaborative effort between the DEQ’s Geological and Land Management Division, Office of Criminal Investigations, and the Barry County Prosecuting Attorney.

The violations occurred during 2002 and 2003 when, despite repeated warnings from the DEQ, the defendant continued to fill in forested and scrub shrub wetlands and floodplain along Orangeville Creek.

“The protection of our wetlands remains one of the top priorities of this department,” said DEQ Director Steven E. Chester. “The DEQ will continue to work with our local law enforcement partners to investigate and prosecute those who choose to violate our environmental protection laws.”

Michigan wetlands and floodplain laws apply to persons who drain, dredge, or fill wetlands and floodplains regulated under the statute. Wetlands and floodplains provide important environmental and ecological values, such as habitat for fish and wildlife, groundwater recharge, and flood control.

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

Revised February 2, 2004 by Pat Watson