Winnetka Village Council reevaluating role in lakefront regulation

The Winnetka Village Council is considering getting more involved in lakefront regulation following the ongoing controversy involving Justin Ishbia and plans for a mansion on 3.7 acres on Lake Michigan along Sheridan Road.

Residents have been pushing back against the plans since May, voicing concerns that his plans to develop his section of lakefront with several stone breakwaters, a boat ramp and more will limit access and views of nearby homeowners.

“Tonight isn’t about rock walls or pipes or boat ramps or dog beaches. It’s about jurisdiction and a potential shift in the villages appetite to assume a more active role in shaping the future of the lakefront,” Village President Chris Rintz. “Even though we may not like what our neighbors may chose to do, we have been accepting of most recognizing the importance of our residents personal property rights.”

Resident Ted Wynnychenko, who doesn’t own lakefront property, said that he supports the village stepping up and taking ownership of its part to keep the Winnetka shoreline accessible even suggesting the council issue a temporary moratorium on lakefront development.

“The reason that we’re looking at 100-year-old case law is because the people that have money and the people that care about this are the people that live on the lake,” Wynnychenko said. “They have a vested interest in making that as positive for themselves as they can. No one argues this because no one that has the ability to argue it wants it changed.”

Jenna Radnay, a North Shore real estate agent who has sold several lakefront Winnetka properties, said she worries that continued regulation will devalue properties along the water.

“There’s a lot more to a lakefront property besides the lake,” Radnay said. “I can sell anything on the lake but the most valuable lakefront property up to Lake Bluff is in Winnetka.”

She further suggested establishing a committee of those who live along Sheridan Road saying they need a voice considering the how much they pay in taxes. There are 112 lakefront properties in Winnetka with most owned by private homeowners.

Several presenters from different government agencies spoke about the protections and regulations each provides to the Lake Michigan shoreline. Soren Hall, a senior project manager for the United States Army Corp of Engineers, explained how the agency conducts its work.

“As part of the Army Corps, we are not for or against any project. We’re trying to balance the public needs for these types of projects and protection of the environment,” Hall said. “People kind of want us to be a little bit more of an advocate agency and kind of stop certain types of activities. We don’t much ability to do that. If the village feels strongly about a vision that they would like for the shoreline, there’s much greater capacity to do that at your level than we have at our level.”

Stephen Altman, a division manager for the Illinois Department of Natural Resources, said its jurisdiction line is determined by either the ordinary high water mark or the toe of the bluff — whichever is considered more restrictive. The agency created guidelines for shore protection projects in 2008 but they don’t have to be strictly followed.

“They’re not rule it’s just guidelines to give the applicant some idea of things we’re looking for,” Altman said.

The agency conducts surveys before and after a project. Neighbors of the permitted property also need to be notified of the project, three to the north and 10 to the south, in order to give the opportunity for feedback. Those who file Individual Permits are subject to a 30-day comment period as well.

The same application for shoreline projects is used by the Army Corps, IDNR and the Illinois Environmental Protection Agency but each has its own guidelines and specifications. Altman said the agencies often work together.

Village Attorney Peter Freedman said federal, state and municipal jurisdiction supersede the village but Winnetka can put forward regulations on lakefront development if it chooses.

According to Freedman, the charter that founded Winnetka extends the village corporate line half a mile into the lake — a rarity for most municipalities in the state.

“All of the authority we have on land, we also have .5 miles into the lake,” he said. “To do anything outside our corporate boundaries we have to look to state statute.”

Illinois law states that the line between public and private land is the normal water line and no cases have been brought to argue that the public trust doctrine, which says that the land and waters of Lake Michigan are held in trust by the state for use by residents, can extend into private land.

Winnetka Community Development Director David Schoon explained that in the village, lots don’t include land beyond the waters edge. The village considers the lakefront facing side of lakefront properties to be the front lot line, giving a solid demarcation line where the property begins. No other villages along the North Shore follow this method with the others using the rear lot line along the water with varying definitions of where the line sits.

Footage along the lakefront shows that Winnetka has the highest number of breakwaters, or barriers to protect the shoreline, and third most groins, structures that extend into the water to inhibit sand movement. Winnetka Engineering Director Jim Bernahl says this is due to the the large bluffs along Winnetka’s lakeshore. He said neighboring communities have lower profile beaches that don’t require as much protection.

Councilmember Tina Dalman said that she feels that lakefront municipalities have been relying on the Army Corps to regulate lakefront development, leading to gaps in regulation.

Council adjourned without making any final decisions with Village President Chris Rintz saying they have a lot to consider going forward.

“Do we want to add any layers to lakefront protection and lakefront permitting and to what extent? I think that’s the primary conversation,” he said. “Not one village council has been willing to tak eup the issue. When you strip it down to its bare bones, no one has been willing to do anything that might impair the potential returns to a resident homeowner.”