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DNR, Army Corps close wetland violation at pond; village told trail work would require permits

October 08, 2025 | Salem Lakes, Kenosha County, Wisconsin


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DNR, Army Corps close wetland violation at pond; village told trail work would require permits
Vince Mosca, a wetland practitioner with Hay and Associates, told the Village Board that the state Department of Natural Resources and the U.S. Army Corps of Engineers reviewed recent work at a pond and determined the disturbance was a small, state-level wetland violation that is now closed.

Mosca said the Army Corps issued a response saying the federal government would not take jurisdiction over the pond area and that the DNR later issued a letter on Sept. 22 saying the violation was closed but that the village “should have got a permit from us in the first place.” He added that, "the issue is closed until further notice."

Why it matters: The finding ends immediate state enforcement for the past work but places limits on future construction. Mosca told the board that if the village wants to finish the trail that prompted the inquiry, it would have to apply to the state for a non‑exempt wetland exemption and coordinate with the DNR.

Board members and residents raised follow-up questions about stormwater and bank stability. Mosca said routine maintenance of existing riprap and culverts could probably proceed without a new wetland permit but advised the village to consult its engineer. He recommended stabilizing the cut bank where machinery crossed the pond as a best practice even if it was not required by the DNR letter.

Public commenters had urged the village to treat the site seriously. Robert Ross, a land surveyor who provided the board with DNR correspondence, called the disturbed area “a wetland” and said the work “should have never happened.” Other residents described trees cut, soil backfilled, and a damaged weir and silt fence; they urged repairs and better permit oversight.

There was no board vote on the wetland at the meeting; Mosca framed the DNR correspondence as closing the enforcement action but flagged permitting requirements for any future work. The village staff and board discussed whether county stormwater or the village should coordinate repairs and maintenance.

Ending: Village staff said they would consult the village engineer and county stormwater as needed before any further work, and residents urged that the weir and bank be prioritized for repair.

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Scribe from Workplace AI
Scribe from Workplace AI