Freeland homeowner says EGLE ordered fill‑in of newly expanded pond and referred case to Attorney General

A Freeland family told the Michigan House Committee on Oversight that the Michigan Department of Environment, Great Lakes and Energy (EGLE) designated an expanded private pond on their property a regulated wetland, ordered restoration that the family says would destroy the newly created ecosystem, and referred the matter to the Attorney General for enforcement.

Why it matters: The family says EGLE’s order would require bringing in large volumes of topsoil, filling most of the pond to 18 inches or less of water and planting wetland mixes — steps they say would kill fish and other wildlife that have established since excavation and would cost tens of thousands of dollars to complete.

What the family said: Zachary Wenzlik testified on behalf of his brother, Joshua Wenzlik, who expanded the pond beginning in 2020 after confirming with their township that no state permit appeared necessary for a one‑acre agricultural pond. The family hired a Michigan‑licensed pond contractor and expanded and deepened the pond; in May 2023 EGLE visited after an anonymous complaint and subsequently issued a possible‑violation letter and later an order to restore.

Zachary said EGLE relied on aerials and a topographic map and later asserted that soil samples collected on site delineated wetland conditions. Zachary said EGLE required a FOIA request and a $240 fee before producing the soil‑sample delineation reports; those reports, he said, show one of the most relevant samples called “not a wetland.” The family provided copies of prior DEQ (pre‑EGLE) determinations showing non‑jurisdictional findings near the same location.

The family said the restoration plan EGLE proposed — which includes filling most of the pond and importing 6 inches of topsoil — would be more harmful to the environment than leaving the digested pond in place. Zachary told the committee the family has spent more than $30,000 in legal fees and that EGLE sent a referral to the Attorney General on or about July 3, 2024. He said EGLE staff told the family at times that they “were just trying to do their job” and that staff told him the department’s longstanding practice of property access during inspections “has not resulted in an adverse court ruling to date.” The family disputes the agency’s access method and its on‑site conclusions.

Committee members asked for documentation. Zachary said the family had shared photos, soil‑sample reports and correspondence with the committee and described emotional and financial strain from the enforcement process.

What EGLE told the committee: EGLE did not testify at this hearing; the committee recorded the family’s allegations and requested additional documents. The agency’s internal rationale and a public explanation of the decision were not part of the hearing record.

Speakers quoted in this story are identified in the transcript and appear in the speaker list below.