A listing sheet may describe a boathouse as "permitted," but the label alone does not show whether the approvals are current or cover the structure as built. A Lake Charlevoix court dispute illustrates why buyers may want to review the permit record.
In more than twenty-five years working this shoreline, I've seen permit paperwork become an important part of a waterfront closing. A Hayes Township dispute from 2019 to 2023 provides a case study in permit questions affecting properties along the lake's 56 miles of shoreline, beyond the parcel at its center.
What Happened at Anglers Cove
In 2019, waterfront owners Scott and Debra Law sought approval from Hayes Township for a boathouse project on their property at Anglers Cove. The plan called for excavating an artificial boat basin and channel, then building a two-story structure on the newly created land. The Planning Commission approved it. In 2020, the township's zoning administrator, Ron Van Zee, issued a permit for the boathouse, and that same December the state's environmental agency granted its own construction permit covering the boathouse, boat basin, channel, and seawalls.
A neighbor, LuAnne Kozma, disputed the project through the township's Zoning Board of Appeals, arguing the plan violated a shoreland protection strip written into Hayes Township's own ordinance. In August 2022, the ZBA agreed with her, ruling that the ordinance protects that strip and prohibits its excavation. The Laws sued the township over the decision.
Here's the part that matters to anyone buying or selling waterfront on this lake: during that litigation, Hayes Township admitted in its own court filings that the 2019 Planning Commission approval and the 2020 zoning permit for the boathouse had expired. The township had no valid approvals on file for the project it had once signed off on.
"Hayes Township's zoning ordinance protects Lake Charlevoix's shoreland strip."
That's how Kozma described the core of her argument to the Charlevoix Courier at the time, as quoted in this report. She wasn't wrong about the ordinance. The case also illustrates a broader point: a permit granted in one year may no longer be valid, and the agency that issued it may not be the one that catches the lapse.
Why This Isn't a One-Cove Problem
Waterfront work on Lake Charlevoix sits under at least three layers of authority that don't automatically talk to each other. Your township handles zoning and local ordinances. Michigan's Department of Environment, Great Lakes, and Energy handles construction permits for docks, seawalls, dredging, and fill under Part 301 of the state's Natural Resources and Environmental Protection Act. If the work touches the ordinary high-water mark, the U.S. Army Corps of Engineers may have jurisdiction too, because Lake Charlevoix connects to Lake Michigan and falls under federal Great Lakes authority.
The ordinary high-water mark is the pivot point in nearly every one of these disputes. According to Protect Lake Charlevoix Shoreland, state law defines it as the line separating upland from bottomland. In the Anglers Cove case, the central technical argument was that excavating an artificial basin would move that line inward, placing the proposed boathouse over what had newly become lake bottom rather than dry land. In early 2022, an EGLE district supervisor who reviewed the file called the permit a mistake, one he said he would "not be able to defend."
None of this required anyone to act in bad faith. It required only that a permit outlive its own paperwork, that jurisdiction split three ways, and that nobody caught the gap until a neighbor did.
What a Buyer Should Actually Verify
"Permitted" on a listing means someone, at some point, got a piece of paper. It does not tell you whether that paper is current, whether it covers the structure as built, or whether it survived a change in township interpretation. Before you write an offer on a Lake Charlevoix waterfront property with a dock, seawall, or boathouse, ask for the permit documents themselves, not a verbal assurance that everything is in order.
Confirm three things separately: the township's current zoning file for the parcel, the state's EGLE permit history for any shoreline construction, and whether the structure's footprint matches what was actually approved. A seawall built in 1998 under a permit that was never closed out, or a dock extended past its original approved length, can surface as a problem only when you try to insure it, sell it, or replace it.
Lake Charlevoix's shoreline runs through ten separate jurisdictions: the City of Charlevoix, Boyne City, East Jordan, Bay Township, Charlevoix Township, Eveline Township, Evangeline Township, Hayes Township, Marion Township, and South Arm Township. Each writes and enforces its own zoning ordinance. A dock configuration that's routine in one township can require a variance in the next. There's no shortcut here beyond checking the specific municipality your parcel sits in.
What a Seller Should Do Before Listing
If you've owned your cottage for twenty years and the dock has always just been there, you may be sitting on the same gap Hayes Township found itself in. The fix isn't complicated, but it takes time you don't want to spend during a due diligence window.
Pull your township's zoning file for the property. Confirm any state permits for seawalls, dredging, or shoreline alteration are still active or were properly closed out. If work was done before you owned the property, check its permit history whether or not you have the paperwork in hand. A buyer's inspector or title company finding a gap after an accepted offer costs everyone time, and it costs you leverage in the negotiation that follows.
This is worth doing regardless of how simple your shoreline setup looks. The Anglers Cove dispute didn't start with a complicated multi-acre estate. It started with a boathouse that had already received Planning Commission approval and a permit from the zoning administrator.
The Part That Doesn't Show Up in a Drive-By
None of this shows up when you tour a property on a calm July afternoon. The dock looks solid. The seawall holds. The view is exactly what brought you to Lake Charlevoix in the first place. But a structure's condition and a structure's legal standing are two different questions, and only one of them is visible from the water.
The Anglers Cove dispute ran for four years, moved through a township zoning board, a circuit court, and multiple state and federal agencies, and the township stated that its prior approvals had expired. The case illustrates why buyers and sellers may want to review permit records, even for an established-looking structure.
If you're evaluating a waterfront purchase on Lake Charlevoix, or preparing a legacy cottage for sale, this is exactly the kind of due diligence that benefits from someone who already knows which township office to call and what a clean permit file actually looks like. Pat Leavy has spent more than two decades working transactions on this lake, from the Main Basin's deep-water estates to the South Arm's quieter coves, and can walk you through what your specific parcel's paperwork does and doesn't cover before you're under contract. Schedule a free consultation to start that conversation.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
