DNR investigates filling in town of Neenah pond; owner says, 'We're all legal'

Duke Behnke, Appleton Post-Crescent
·2 min read
A sign near the intersection of Oakridge and Larsen roads in the town of Neenah requests free fill.
A sign near the intersection of Oakridge and Larsen roads in the town of Neenah requests free fill.

Reader question: Someone posted a sign asking for free fill at the intersection of Oakridge and Larsen roads in the town of Neenah. I am pretty confident this is wetlands. Isn't that illegal?

Answer: The property in question totals 7.5 acres and is owned by Patron Properties, according to the Winnebago County Geographic Information System. An aerial view shows a pond on the north side of the property, where the fill is being placed.

I asked the Wisconsin Department of Natural Resources whether the property contained protected wetlands and whether the landowner had obtained a wetland exemption or wetland permit to fill the property. The DNR regulates wetlands in the state.

The agency's answer was less than forthcoming.

"This is pending investigation so we are unable to provide additional information at this time," Molly Meister, a DNR public information officer, said in an email.

Watchdog Q&A: Duke Behnke answers your local government questions

Steven Seegers, an agent for Patron Properties, said the company is operating in accordance with the law.

"We got permission from the DNR to fill that pond in," he told me. "We have our erosion-control permits, and we're all legal."

According to online records, the previous property owner, James Sturgis, asked the DNR in 2019 to identify any wetlands located in an area he hoped to fill. The DNR determined the property contained an artificial wetland – an excavated pond — but had "no definitive evidence of wetland history" before Aug. 1, 1991, making it eligible for an exemption from state wetland regulations.

The DNR didn't grant the exemption at the time, however, because of uncertainty whether the pond might serve as a spawning area for northern pike.

That issue since has been resolved, Seegers said, allowing the filling of the pond to proceed.

Seegers said he didn't know what the future of the property would hold. Patron Properties also owns three adjacent properties along Oakridge and Winnebago County CB.

"Right now I'm just holding onto it," Seegers said.

Post-Crescent reporter Duke Behnke answers your questions about local government. Send questions to dbehnke@gannett.com or call him at 920-993-7176.

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This article originally appeared on Appleton Post-Crescent: Town of Neenah landowner says DNR OK'd filling in artificial pond