Clay County landowners press board for help after DNR maps add ‘protected waters’ on private land

Several Clay County landowners urged the Board of Commissioners to help them respond after state Department of Natural Resources mapping added new “protected waters” designations to private parcels.

“It's a rotten deal,” said Greg Silmer during the public-comment period, arguing the mapping threatens property rights and invoking the Fifth Amendment: “Nor shall private property be taken for public use without just compensation.” Other residents said the waterways have been on their land for decades and that the new designations appeared on county maps without notice.

Commissioners acknowledged the concern and directed staff to assist residents with the DNR comment process and maps. The chair asked planning staff to connect affected landowners with county mapping resources; planning staff and GIS staff offered to help generate the maps residents must submit. Commissioner Bair told the public that comments must be entered by Feb. 20 to count.

Sen. Rob Kupak, who spoke later in the meeting, said he had not received calls about the matter but offered to facilitate DNR engagement if the county wanted the agency to explain its inventory and rulemaking processes.

The board did not take formal action on the mapping at the meeting but told residents county staff would try to help them prepare timely DNR comments and that the board would seek clarity on the DNR’s criteria for expanding waterways.

Next steps: county planning and GIS staff will follow up with residents who requested help producing maps for the DNR comment process; commissioners also asked staff to seek the DNR’s explanation of the inventory process and criteria.