By Sheri McWhirter
TRAVERSE CITY -- Traverse City officials may dive into court to seek larger designated swim zones in West Grand Traverse Bay.
City commissioners will decide next month whether to continue an appeal in 13th Circuit Court to give the city more control over waterfront zones, specifically the beaches on either side of Duncan L. Clinch Marina. The Michigan Natural Resources Commission rejected the proposal this month after the state Department of Natural Resources denied the city's initial request to expand boat-free swim zones.
"I think the city commission has some good arguments to move forward with an appeal," said Karrie Zeits, city attorney. The city's request was reasonable and took all user groups into account, she said, and termed the state's position "arbitrary and capricious."
City officials pushed for larger swim zones in the bay after complaints from swimmers who felt crowded by the number of boats in the water. They asked the state for permission to double the size of one 400-foot swim zone and more than double the other 400-foot stretch.
"We had so many complaints about the boats in West Bay, the number of them and the lack of good places to swim," Commissioner Barbara Budros said.
DNR officials held a public hearing in September 2008 and boaters showed up in force to oppose the city's request. The overwhelming opinion was to leave the swim zones alone and not further restrict where boaters can moor, said Mary Dettloff, DNR spokeswoman.
State officials also don't believe an expansion is necessary.
"We held a summer's worth of observation there and saw there was no pressing need for it," Dettloff said.
Now city officials must decide if a court battle is worth the effort.
"You have to balance out whether it's worth it with the time and money it will take," Budros said.
Mayor Michael Estes agreed.
"This is going to be a very long process to go through the court actions," he said.
Another option is to approach state lawmakers, Estes said, where a system could be developed to allow all waterfront communities more authority over beaches and swim zones.
Commissioners are set to discuss the issue at their Sept. 8 session, a day later than normal because of Labor Day.
