A June settlement between developer William Clous and the Michigan Department of Environmental Quality (DEQ) and Grand Traverse County failed to win much enthusiasm from local wetland advocates despite a hefty price paid by Clous.

In 2003, the county sued Clous, and the state also pursued enforcement action for the apparent illegal filling of dozens of acres of wetlands south of Traverse City. The alleged violation sparked significant controversy in the Traverse City area.

Under the deal, Clous will pay some $215,000 in fees and penalties, set aside 68 acres of the 360-acre East Bay property for conservation easements and complete a number of environmental protection measures at the site, including rehabilitating two trout streams, improving fish habitat and planting about 900 trees.

As the Traverse City Record Eagle editorialized: "Critics, however, can also note that his total cash payout will about equal the cost of a single condominium, that he still has about five-sixths of his property on which to build and that the trout streams might actually be a good selling point."

Clous-who owns Eastwood Custom Homes-says he intended only to farm the site, not build.

Said Elk Rapids wetland advocate Greg Reisig: "All of us who have followed this case over the last two years were pleased with portions of the settlement regarding conservation easements over 68 acres of wetlands and streams and restoration measures scheduled to take place on the East Bay property.

"We were, however, disappointed with the $140,000 fine. DEQ needs to seriously consider, as a matter of policy, raising the fines on all environmental violations. The $140,000 won't even cover the state's costs and is considered the cost of doing business for Bill Clous."