This correspondence dated October 25, 2018, originates from the Wisconsin Department of Natural Resources (DNR) and is addressed to Attorney Frog Prell, City Attorney for Superior, Wisconsin. The letter, authored by DNR attorney Richard Henniger, concerns an alleged violation of a conservation easement tied to Barker’s Island, a historically significant and environmentally sensitive area within the City of Superior. The communication references a long-standing agreement between the City of Superior and the State of Wisconsin regarding land use restrictions intended to preserve wildlife habitat and natural conditions.

The document outlines the origins of the easement, tracing back to a Limited Development Easement recorded in 1989. Supporting materials included in the file—such as recorded deeds, easement language, and property descriptions—demonstrate that the City conveyed certain rights to the State in exchange for conservation protections. These restrictions explicitly prohibit construction, vegetation removal, or installation of utilities without prior written authorization from the DNR. The easement was designed to protect fish and wildlife habitats along the St. Louis River and Allouez Bay.

According to the letter, recent observations by the DNR indicate that the City of Superior has undertaken actions that may violate these easement terms. Specifically, the DNR cites improvements and alterations to the property that appear inconsistent with the recorded restrictions. The letter also notes discrepancies in subsequent property conveyance documents, including a 1992 deed that failed to properly reference the DNR’s easement interest. The agency expresses concern that these omissions and activities undermine the enforceability and intent of the original conservation agreement.

The DNR requests clarification and cooperation from the City Attorney’s office to address the situation. The letter suggests that a conference involving city officials and DNR representatives may be necessary to resolve the issue and ensure compliance moving forward. The tone remains professional but firm, emphasizing the importance of adhering to legally binding environmental protections. The document as a whole—including appended legal records and aerial imagery (pages 10–11 showing shoreline and development areas)—provides a comprehensive record supporting the DNR’s position and highlights the broader implications for public land stewardship and government accountability.

Links

1. Wisconsin Department of Natural Resources – https://dnr.wisconsin.gov
2. City of Superior, Wisconsin – https://www.ci.superior.wi.us
3. Douglas County Register of Deeds – https://www.douglascountywi.org
4. Wisconsin Statutes (Conservation Easements) – https://docs.legis.wisconsin.gov
5. St. Louis River Alliance – https://www.stlouisriver.org