The state has loosened its control over offshore lighthouses while striking a new agreement with the DeTour Reef Lighthouse Preservation Society, and preservationists are hailing the move as one that could make it easier for other nonprofit groups in the state to take over and maintain lighthouses. Across the state, a handful of other groups are interested in maintaining such lighthouses, a process that until now has had preservation groups answering to both state and federal regulations concerning ownership and maintenance of the structures.

The agreement impacts decommissioned lighthouses that sit on Great Lakes bottomlands, such as the one at the St. Marys River in DeTour at the eastern tip of the Upper Peninsula. The DeTour Reef Lighthouse will be the first offshore lighthouse in Michigan to be transferred to a preservation society under the National Historic Preservation Act said Clif Haley, director of the DRLPS.

Following more than four years of discussions with the Department of Environmental Quality (DEQ), the DeTour Reef Lighthouse Preservation Society (DRLPS) has worked out a model use agreement with the state that will be used when other offshore lighthouses are transferred to historic preservation groups or local government, according to Dave Bardsley of Drummond Island, president of DRLPS.

DRLPS obtained a 20-year lease with the United States Coast Guard in 2000. While the Coast Guard maintains the Federal Aids to Navigation portion of the lighthouse, such as the light and foghorn, the preservation society maintains and operates the building. It is also open to the public as a historical site.

The discussions with the state were prompted when the federal government approved the application for transfer of ownership of the DeTour Reef Lighthouse to the preservation group through the National Historic Lighthouse Preservation Act in 2004. The act allows the transfer of ownership of lighthouses from the Coast Guard to preservation groups and local governments at no cost, so long as a covenant agreement is signed. The covenant outlines the responsibilities the group must satisfy, such as proper maintenance of the lighthouse and how it is operated. The group must also follow the guidelines within a quit claim deed, which also describes how the lighthouse is maintained. It also specifies the Coast Guard maintains and operates Federal aids to navigation at the lighthouse.

The state originally gave rights to the bottomlands beneath the lighthouse to the federal government, so long as the lighthouse was used as an aid to navigation, said Terry Pepper, executive director of the Great Lakes Lighthouse Keepers Association. When DRLPS was offered the lighthouse, the state wanted a lease to use the 60-footby 60-foot square of bottomlands the structure rests upon.

DRLPS and the state were deadlocked for four years. The DEQ wanted a lease agreement, which would include fees and regulations on how the lighthouse would be run and operated. The preservation group would not agree to a lease, and did not want to answer to both state and federal regulations.

Mr. Haley came across the Federal Navigational Servitude concept, which stipulates the federal government can place and maintain lighthouses wherever necessary so long as they promote commerce. If the lighthouse were to be transferred to a different group, the easements on the bottomlands would remain valid so long as the lighthouse was an active aid to navigation, was properly maintained, and open to the public, said Mr. Haley.

Maritime Culture Advisor Carol Linteau took over negotiations for the DEQ in August, said Mr. Bardsley, which was pivotal in moving negotiations forward. She considered the society's concern in having two authorities to respond to, and worked with both sides to develop an agreement acceptable to both sides. The support of many lighthouse groups, including the Michigan Lighthouse Alliance and Harbor Beach Lighthouse Preservation Society, also played a part, Mr. Bardsley said.

In essence, the bottomlands agreement permits the use of the state-owned bottomlands for 50 years, and can be renewed for an additional 49 years. No additional restrictions will be placed upon the society, Mr. Bardsley said.

Any preservation group attempting to obtain an offshore lighthouse will benefit from the agreement Buzz Hoerr, president of the Michigan Lighthouse Association said. Five groups in Michigan are interested in obtaining an offshore lighthouse, he said, which is often costly and difficult to maintain. Ensuring all members of the public can access the lighthouse is hard, and the expenses often result in groups abandoning the idea. More than $1 million has been spent on the DeTour Reef Lighthouse, for example, he noted.

Mr. Bardsley expects the transfer to be completed by June.