FEMA Designated Floodway Blocked by Private Fences

Starting in the early 1970s, 7 residents who live on the west side of David Drive in the Winston Park neighborhood constructed illegal, unpermitted fences upon Park District property. These fences have been blocking the natural flow of water along the Salt Creek during heavy rain events, resulting in flooding of the surrouding streets and residential areas.

The length of fencing encroaching upon the floodway varies between each property, but a 30 foot wide encroachment is typical.

99.6% of the properties within the Winston Park subdivision are almost exactly 1/5th of an acre in size. The 7 properties in question are also a fifth of an acre in size, but due to their missappropriation of Park District property, their resulting land area comes out to a whopping ½ acre each! This unauthorized use of publicly owned land by private land owners must stop.

We are asking that the adjacent property owners immediately remove all permanent strutures and manmade objects from the Palatine Park District property. This land should instead be managed by the Park District and allowed to exist in a natural state.

Public Land Encroachment Enforcement System

×

Modal body..

Close

Use the slider to see compare the 1973—2023 Chestnut Park theft vs. originally recorded greenway.

Cross Section

Advocacy Status

• Winter of 2020: Steve created this website to help organize his advocacy efforts. 🎉
• Spring of 2020: I emailed the Village of Palatine Department of Building Permits & Inspections regarding Encroaching Property #1, which was one of the most blatant encroachment upon Park District property. I received an initial email response from the Building department stating that they do not show a recent permit for a fence. I followed up with the Building Department providing them 2 photos showing nails sticking out of of the encroaching fence. In response, I was told that the issue had been assigned to an inspector and that they would be in contact with me. I personally discussed with, and emailed the Mayor encouraging the Village to resolve the encroachment issue prior to the sale of the home. The assigned Building Inspector called and informed him that the homeowner will be sent a Notice of Violation which will instruct them to seek a permit for the new fence. During that process, the homeowner would need to remedy the enroachment on Park District property in order to avoid being fined. The building inspector responded to my email letting me know that the fence behind Encroaching Property #1 is still in the permit review process. The property owner will be removing whatever objects are encroaching on Park District property. On May 20, the real estate sale of Encroaching Property #1 closed and the owners that constructed the illegal fence vacated the property. After an in-person followup, I received an email stating that a 6 month permit was issued for the existing fence on 5/11/20. As part of the conditions, any encroachments would have to be removed by November 11, 2020. I responded by asking whether the new property owner is aware of the permit and its conditions. On July 2th, 2020, I personally verified that the fence behind Encroaching Property #1 has been removed from Park District property.

  Status: A 25 x 115 foot swath of land has been returned to the public after almost 50 years of being squandered by an adjacent residential property!

• Summer of 2020: Steve alerted multiple Palatine Park District managing staff members about the 12-property encroachment issue and provided them with a detailed map of the fence encroachments. The Executive Director informed him that the Park District Board has indicated that they would like to reclaim the encroached property and have directed staff to investigate and determine a course of action. They recognize the need to remove barriers from the floodway and the possible opportuity to construct a trail within the corridor. The Park District sent out letters to the 12 resident/property owners placing them on notice that if and when the Park District had a recreational need of the property in question, they would need to remove the fence or relocate it on their own private property.

  Status: NO ACTION PLANNED / NO TIMELINE SET ON WHEN THE UNPERMIITED FENCES WOULD NEED TO BE REMOVED

• Fall of 2021: I emailed the Mayor requesting that the Village investigate an unpermitted fence behind Encroaching Property #10 that was constructed within Chestnut Park and the Winston Park Greenway. The mayor kindly forwarded the email to several Village officials, as well as the Park District, to investigate the encroachment.
  
  After a followup phone call, the Village responded that the Park District has placed the resident/property owner on notice that if and when the Park District had a recreational need of the property in question, they would need to remove the fence or relocate it on their own private property. As none of the properties in question are owned by the Village of Palatine, there is no role for the Village to play in this issue.

  From my perspective, this was a or maintaining the status quo type response, one that does not identify the problem or seek solutions. The Park District and Village are essenially complacent on private property owners claming adjacent parkland for themselves at the exclusion of others.

  Status: UNPERMITTED, UNMAINTAINED & DANGEROUS WIRE FENCE ALLOWED TO REMAIN WITHIN CHESTNUT PARK

  It is my hope that we can eventually restore the dedicated public parkland behind David Drive to how it was originally platted and recorded. Based on the Village's conclusion, this will only be accomplished if and when the Park District moves forward with their idea of building a paved asphalt trail along the creek between Maple Park and Palatine Road.

• Winter of 2023: I visited the Village's Permitting department to ask about a new fire pit that I saw constructed with Chestnut Park and located very close the east bank of the Salt Creek. The Village's Customer Service Supervisor referred the matter to the Palatine Park District's Superintendent of Parks & Planning. A few weeks later, I received a response from the superintendent stating that he is in the process of drafting an encroachment letter stating that the fire pit along with any other permanent structure/s must be removed from Chestnut Park within an acceptable time frame.
  

  Status: ENCROACHMENT REMOVED!

• Spring of 2023: I attended Metropolitan Water Reclamation District's How to incorporate residential flooding solutions Green Team Lunch & Learn session. One of MWDR's responsibilities includes removing brush, debris and other obstructions from the waterways within the district. This is done to allow the free flow of flood water in order to prevent flooding to the surrouding areas.

  During the question & answer portion, I described the Winston Park subdivision's Salt Creek flooding problem caused by the 7 illegal fences constructed on Palatine Park District property. I was told to submit a report to the District's Citizen Incident Reporting System's Small Streams Maintenance Program (SSMP).  After the meeting, I submitted a report and sent an email  detailing the Winston Park encroachment/flooding problem.

  The following day I recieved a phone call from Arturo of MWRD's Maintenance & Operations Department. He let me know that his operation mainly clears blockages along creeks consisting of downed trees and debris. He would refer that matter to the Stormwater Engineering Department who may decide to conduct a drainage analysis to determine whether the unpermitted fences are contributing to flooding in the surrounding neighoborhood.

  

  Status: RECEIVED HELPFUL RESPONSE FROM MWRD's STORMWATER ENGINEERING DEPARTMENT

  A MWDR engineer informed him that the agency having jurisdiction is the Illinois Department of Natural Resources. IDNR regulates floodway construction activities under Part 3708 of the Illinois Administrative Code. MWRD does not issue permits for fences on their own, however, we would not allow a fence to be put up across the floodway as part of a Watershed Management Ordinance permit we issued for new developments. He suggested I follow up with the Village of Palatine to encourage them to issue a citation to the homeowners for fences crossing the floodway in violation of the Part 3708 restrictions. Local municipalities that are members of the National Flood Insurance Program are required to regulate construction like this in the floodway. Please note we have not verified the limits of the floodway or floodplain in this specific location and do not have sufficient information or jurisdiction to do so in this circumstance, but the Village may wish to do so and address any unpermitted encroachments to ensure it remains in good standing with NFIP requirements.

• July 6, 2023: I visited the Village's Permitting department to submit a complaint about a fence located on Park District property that was in a state of severe disrepair. A child walking along Salt Creek could get injured or maimed by the remnants of this chain-link fence.
  

  Status: I am currently awaiting response from the Village of Palatine's Building Permits & Inspections Department.

Join our Facebook Group!

💚 Friends of the Winston Park Greenway 💚

Resolved Encroachments

The following encroachments have been removed from Chestnut Park thanks to the efforts of 💚Friends of the Winston Park Greenway💚

Encroaching Property #1 - RESOLVED!

Sumer of 2020 - The fence behind "Encroaching Property #1" has been removed from Park District property. This 25 x 115 foot swath of flat, dry land (pictured below) has been returned to the public after nearly 50 years of squandering by an adjacent residential property.
The result is that Maple Park, a cherished asset to the community, now has even more green space to enjoy!

Encroaching Property #11 - RESOLVED!

Winter of 2023 - The creekside firepit and trampolene behind "Encroaching Property #11" have been removed from Park District property.

Currently Encroaching

The following properties are currently encroaching on Palatine Park District-owned property as of December 2023

No.	PIN	Link to Detail Page	Encroachment Status	Last Checked	Actions
2	02-13-409-007	###-N-David-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Tuesday, Oct 10, 2023	Check MLS Status!
	The ### N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: Chain link fence The combination of these 2 encroachments make it appear that the encroached land is part of the 138 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District.
3	02-13-409-008	###-N-David-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Tuesday, Oct 10, 2023	Check MLS Status!
	The ### N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: Chain link fence Large swing set The combination of these 2 encroachments make it appear that the encroached land is part of the 130 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District.
4	02-13-409-009	###-N-David-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Tuesday, Oct 10, 2023	Check MLS Status!
	The ### N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: Chain link fence Large pile of logs Wooden shed The combination of these 4 encroachments make it appear that the encroached land is part of the 122 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District.
5	02-13-409-010	###-N-David-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Tuesday, Oct 10, 2023	Check MLS Status!
	The ### N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: Chain link fence Large trampoline Large play structure The combination of these 4 encroachments make it appear that the encroached land is part of the 114 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District.
6	02-13-409-011	###-N-David-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Tuesday, Oct 10, 2023	Check MLS Status!
	The ### N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: Fencing Large play structure The combination of these 2 encroachments make it appear that the encroached land is part of the 106 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District.
7	02-13-409-012	##-N-David-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Tuesday, Oct 10, 2023	Check MLS Status!
	The ## N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: Large play structure The combination of these 2 encroachments make it appear that the encroached land is part of the 58 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District.
8	02-13-409-013	##-N-David-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Tuesday, Oct 10, 2023	Check MLS Status!
	The ## N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: Structured landscaping Electric lighting This encroachment make it appear that the encroached land is part of the 50 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District.
9	02-13-409-014	##-N-David-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Tuesday, Oct 10, 2023	Check MLS Status!
	The ## N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/2 acre of Palatine Park District-owned property. Current encroachments: Steel shed Decorations The combination of these 2 encroachments make it appear that the encroached land is part of the 42 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District..
10	02-13-409-015	##-N-David-Dr-###7#	Owner is Encroaching MLS Status: Status Unknown	Tuesday, Oct 10, 2023	Check MLS Status!
	The ## N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: Large wooden shed Wheel barrel Wire fencing The combination of these 2 encroachments make it appear that the encroached land is part of the 34 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District..
11	02-13-409-016	##-N-David-Dr-###7#	Owner is Encroaching MLS Status: Status Unknown	Friday, Sep 8, 2023	Check MLS Status!
	The ## N David Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/4 acre of Palatine Park District-owned property. Current encroachments: large cinderblock fire pit several dozen landscaping edging stones trampoline removed! The combination of these 2 encroachments make it appear that the encroached land is part of the 30 N David Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District.
12	02-13-409-018	##-N-Winston-Dr-###7#	Owner is Encroaching MLS Status: Not For Sale	Friday, Sep 8, 2023	Check MLS Status!
	The ## N Winston Dr property is currently encroaching on publicly owned property. Encroachment status: The homeowner owns .2 acres, but are encroaching on 1/2 acre of Palatine Park District-owned property. Current encroachments: Row boat on a trailer Structured Garden The combination of these 3 encroachments make it appear that the encroached land is part of the 12 N. Winston Dr parcel, and thus offers no benefit to the tax payers of the Palatine Park District..

Please submit a message on the Contact form if the status of these encroachments have changed. Nothing would please me more than to remove parcels from the Currently Encroaching list which are no longer squandering public land from the Winston Park Greenway.