Shoreline – Berrien County

The MDEQ has reevaluated property setbacks on over 800 individual properties with letters to each owner. The setbacks are for new construction. They are based on aerial photographs, taking the distance from the vegetation line to a so-called erosion hazard line (EHL). The numbers are shocking, amounting to over 50% of the property in some cases. There is no state law requiring setback notification to prospective buyers. Nor is there a requirement that Berrien County title records show the setbacks. Comment letters are requested from owners with final determination letters to be sent out by certified mail. In “Banks vs. Army Corps”, we claim that all these prospective losses are due to the jetties at St. Joseph Harbor.