Tag: sandbag bill

Flow opposes House Bill 4385, the “sandbag bill”

Why we oppose House Bill 4385: A threat to Michigan’s shorelines, the Public Trust, and the Great Lakes.

House Bill 4385, currently being considered in the Michigan Legislature, would weaken critical protections for the shorelines of the Great Lakes and Lake St. Clair. Although the bill is framed as a support for property owners to control erosion, it would undermine public access, contribute to long-lasting plastic pollution, and reduce environmental oversight. These changes conflict with Michigan’s duty to protect water as a shared trust and living system that sustains all life.

HB 4385 reduces oversight of shoreline construction.

House Bill 4385 would allow certain shoreline hardening structures to be built without a permit, as long as they meet a few surface-level requirements. This change would remove the Department of Environment, Great Lakes, and Energy (EGLE) from the review process—eliminating an important safeguard for communities, ecosystems, and neighboring property owners. Permitting exists for a reason: to prevent harm before it happens and ensure shoreline activity is aligned with science, safety, and long-term care.

HB 4385 weakens the Public Trust Doctrine.

Under the public trust doctrine, the State of Michigan is obligated to care for Great Lakes waters, bottomlands, and shorelands up to the ordinary high-water mark for the benefit of the public and future generations. This doctrine affirms that water must be protected for all to access and rely on for public use and enjoyment. House Bill 4385 shifts that responsibility by favoring private shoreline control over shared stewardship, putting public access and long-term protection of the lakes at risk.

HB 4385 allows harmful plastic materials on the shoreline.

The bill would permit erosion control structures made of synthetic textile materials like polypropylene and polyester—plastics that do not break down in nature. Instead, they fragment into microplastics, which are already a major threat to the Great Lakes. These particles pollute water, harm fish and wildlife, and have been found in humans, including blood and breastmilk. Welcoming more plastic into shoreline systems would only add to this growing problem.

Our position:

Water is life, and it is our collective responsibility to protect the Great Lakes and their shorelands for the benefit of all beings. House Bill 4385 undermines that responsibility. It weakens a foundational legal doctrine to protect public waters, invites more plastic pollution into fragile coastal ecosystems, and strips away critical environmental oversight. We urge lawmakers to reject this bill and uphold their duty to protect the waters, shorelines, and communities of Michigan.