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What is the DLSA's interpretation of past court rulings on the publics right to access and use of Lake Michigan beaches? 08/11/2010

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Here is the DLSA Board's understanding of the present law as determined by the Michigan Supreme Court.

If the "cottage renter " is renting a cottage with frontage on Lake Michigan OR renting a cottage without lake frontage that has legal easement rights that include the right to use someone's beach within that easement, OR if the lake frontage owner has granted specific permission to the cottage renter to use their beach; the renter will have the right to set up chairs, etc.

However, if the cottage renter has no special rights as noted above, the cottage renter is simply a member of the general "public" whose rights include the ability to "walk" across the beach, not set up chairs. This right to walk is limited to the portion of the beach from the water's edge UP TO the "ordinary high water mark" (OHWM). Although the definition of OHWM remains somewhat vague, generally speaking as a practical manner, the vegetation line may be considered the OHWM.