You’re building a maintenance shed on your land. You’ve got all the necessary permissions from your local governments. The DNR knew it when the project got started. Oh, and the land is completely dry. But halfway through, the DNR says it’s a wetland, so you have to tear it down.
Or, they make you spend tens of thousands on erosion prevention because you built an addition to your restaurant, which has overlooked the Fox River for decades, even though the addition has zero effect on the original restaurant, the overhang, or the river.
Or, a tiny garter snake, virtually identical to every other breed of garter snake – means you can’t develop the land you purchased to develop.
Or, the pier your parents put in decades ago is suddenly non-compliant, and you have to change it, remove it, or start paying fines.
All these things actually happened. Some of them were stopped before any harm could be done. Others, not so much.
Legislative Republicans – like any of us who resent bureaucratic strong-arming – are in a bit of a snit about it. Not just these few examples, but about a pattern of overregulation and overzealous enforcement at the Department of Natural Resources.
The DNR says there is no such pattern.
DNR Secretary Scott Hassett responded, "I don't really like this trial by anecdote - these are the kinds of things that you hear with any regulatory agency. It's more of an open season on us.”Anecdotes? Maybe. But harmful to the individuals involved, nonetheless. An intrusion on their rights – new, or expanding, or seemingly meaningless, random, without direction from state law.
And if a state agency can, out of the blue, change the rules that affect your property, what’s to stop them from doing the same with mine?
Or all of ours?
And so: legislative Republicans and the DNR circle each other warily, because too many citizens and landowners are complaining about an overreaching department, arrogant with power, which creates and enforces rules seemingly at whim.
There’s always been – and hopefully there always will be – a distrustful watchfulness between the Legislature (primarily the Republicans) and the bureaucracy. If there’s one thing I want from my elected representatives, it’s that. Distrust the bureaucracy. Never take your eyes off them.
None of this is to say that we don’t need any rules. I can’t, for example, raise pigs in my backyard. Or open a hamburger joint on my back porch. Or play my radio as loud as possible with all the windows open.
We need rules, and we need somebody to enforce them, because what I do with my property affects my neighbors. My freedom to use my property ends when it infringes on their right to use theirs.
On a grander scale, one could make the same argument about environmental regulations – that protecting wetlands (whether or not they’re wet) and endangered species (whether or not they’re in danger) is what’s best for our long-term enjoyment and our long-term health.
If I step on the 2,438th-to-last Butler garter snake, for example, it could help wipe that species out, which will mean a less diverse and thus weaker ecosystem, which theoretically could mean bad things for all of us.
That’s the basis of all these rules. All the bureaucracy. All the red tape. All the hassle and interference that, depending on your level of tolerance for things nitpicky and intrusive, causes property owners to pull their hair, grind their teeth, and call their legislators.
But here’s the rub. To make and enforce rules, government has to have power. Government is made of people. People and power tend to make a rotten mix.
The DNR has power, and some of us – many of us – think they’re making far too frequent use of it.
The DNR secretary called it “trial by anecdote.” Well, maybe it is. But every anecdote has a person behind it. That person has rights, which can’t be simply dismissed by calling his situation an anecdote.
Besides, if you put enough anecdotes together, you find a pattern.
Legislative Republicans think they see one. For the sake of all our rights, they should look closer. Even if they’re wrong.
