VAN HORN SKI LAKE
Violating the land — and land regulations
Chad and Jenny Van Horn’s private ski lake and sand dune mine is a classic lesson in the consequences of government officials not holding developers accountable to restoring the land and habitat they’ve destroyed.
In 2018, the Saugatuck Township Zoning Administrator gave the Van Horns a permit to excavate a 4.98 acre pond to build a private ski lake—a size just .02 acres less than what would have required an additional permit from the Michigan Department of Environment, Great Lakes, and Energy (EGLE).
Between 2018 and 2020, the Van Horns:
Excavated a 20 foot-deep pond, which in 2021 measured 6.7 acres—34% greater than what their permit allowed. Their actions have permanently altered the regional groundwater and lowered the water level in protected wetlands in the nearby Patty Birkholz Natural Area.
Clearcut about 20 acres of mature red pine forest, habitat for a threatened owl species.
Created a 70-foot high sand mound, which created a blowing sand nuisance for their neighbors and resulted in a violation notice from the Allegan Department of County Health.
Began removing and selling sand from the site without a permit. In 2020, EGLE issued a violation notice for sand dune mining without a permit. In 2021, the agency issued a violation of Section 301 Inland Lakes and Waters requirements.
In February 2021, EGLE held a public hearing for an after-the-fact sand dune mining permit and granted a permit in April 2022. Shortly thereafter, EGLE voided the Section 301 violation.
Since August 2022, the Coastal Alliance has sought a full evidentiary hearing of all of EGLE's actions with regard to the Van Horn’s ski pond and its impact on the environment and natural resources of Michigan under the Natural Resources and Environmental Protection Act. The Administrative Law Judge’s denial of our request was upheld by the Circuit Court and the Court of Appeals, which prompted the Coastal Alliance to appeal to the Michigan Supreme Court in April 2024.
On October 30, 2024, the Supreme Court remanded our appeal to Michigan's Court of Appeal for further consideration. The Supreme Court's decision effectively requires the Court of Appeals to hear our appeal as if they had granted leave – or permission – to appeal.
After submitting briefs to the Court of Appeals between December 2024 and February 2025, the Court’s three-judge panel heard oral arguments on July 2, 2025. In a decision dated July 9, 2025, the Court ruled in our favor — remanding the case to an Administrative Law Judge for a contested case review of compliance with Part 301 (inland lakes) and Part 303 (wetlands) of the Natural Resources and Environmental Protect Act. In addition to affirming the broad right to a contested case under Parts 301 and 303, the decision now allows the Coastal Alliance to proceed to a hearing at which it can present evidence regarding the impairment to natural resources caused by the Van Horns. With that said, it is possible that EGLE will challenge standing or take other positions through motions intended to delay or block review.
Key dates in the ski lake dispute
2018
The Saugatuck Township Zoning Administrator gives the Van Horns a permit to excavate a 4.98 acre pond to build a private ski lake.
2018 - 2020
The Van Horns clearcut about 20 acres of mature red pine forest, excavate their 6.7 acre pond, create a 70-foot high sand mound, and begin removing and selling sand from the site.
2020
EGLE issues a Section 301 violation notice for sand dune mining without a permit.
2021
EGLE holds a public hearing and grants an after-the-fact sand dune mining permit in April 2022. Shortly thereafter, EGLE voids the earlier Section 301 violation.
2023 - 2024
The Coastal Alliance seeks a full evidentiary hearing of EGLE’s actions related to the ski pond permit approval. We submitted our appeal to the Michigan Supreme Court in April 2024.