Walworth County committee orders follow-up after resident digs into Beeler Dam right-of-way

Walworth County Public Works Committee members discussed enforcement actions for structures and recent excavation work on the Beeler Dam right-of-way at their June meeting, directing staff to notify property owners, coordinate with the Lake District and the Department of Natural Resources and to inventory the site by drone.

The discussion followed a recent incident in which a resident used an excavator to dig into the dam and placed fill in the county right-of-way. Richard Huff, Public Works construction manager, said, “They have no right to do that. It was also in our right of way.” Committee members agreed to pursue a mix of education and enforcement: mail a notice to owners, involve the Lake District, perform an aerial inventory and return the item to committee next month for follow-up.

Why it matters: the committee framed the issue as both a public-safety and asset-protection matter. Members said the county controls the right-of-way along Highway J over the dam, that many decks, docks and fences have encroached into that strip for decades, and that recent excavation raised new concerns about what happened below the surface and how to respond.

Committee members described a long history of informal tolerance for private structures on the dam’s margin. The packet materials included a DNR agreement from February 1967 and referenced a typical county highway right-of-way of 33 feet from centerline. Huff said removal work done by the county in 2023–24 — tree removals and stump work done under DNR direction — led to the removal of a deck that was partly in the county right-of-way and prompted the recent resident action.

Members described the immediate incident as follows: a resident brought an excavator, performed earthwork on the dam and stabilized the surface with seed and mulch before staff could stop the work. Committee members said they called the DNR tip line and that a DNR warden visited but did not stop the work. The committee said the DNR will send a dam specialist to the site for further inspection.

The committee voted to direct staff to: send letters to property owners and the Lake District; perform a drone inventory of the run of the dam to document current encroachments; and bring a report back to the committee at the next meeting. The committee also moved that the individual involved be billed the right-of-way permit fee ($175) and assessed a fine (up to $500) for working in the right-of-way without a permit; the committee approved that motion by voice vote.

Members debated removal of fences and other structures in the right-of-way and whether the county should immediately remove all encroachments or adopt a phased, “no new growth” grandfathering approach. Some members urged immediate removal of barriers so county crews can access the right-of-way; others urged an education-first approach, paired with enforcement where necessary. Several members said the Lake District should be involved in outreach because it owns land and will be affected by any policy change.

Committee members noted practical concerns if fences are removed — for example, how homeowners will launch or pull docks without barriers — and legal concerns about riparian rights and liability for private property stored on county land. Staff noted local ordinances allow fines for right-of-way violations and that the county can require a $175 work-in-the-right-of-way permit where appropriate.

The committee asked staff to schedule the drone inventory as soon as possible and to coordinate an on-site DNR inspection; members agreed to revisit the item at the next meeting with updated documentation and recommendations.

For now, the committee left longstanding encroachments intact but put property owners on notice that no new structures will be allowed pending further action, and that the county will proceed with enforcement steps where appropriate.