Gauthier Ski Lake Denied: Cedarburg Votes 5-0 Against Private Pond as Owners Begin Well Drilling, Threaten Lawsuit

Grassroots campaign reaches 1.7 million Wisconsin residents; Gauthier BioMedical owners respond to rejection by installing high-capacity well within 24 hours

CEDARBURG, WI, UNITED STATES, February 6, 2026 /EINPresswire.com/ -- The Town of Cedarburg Board voted unanimously on Tuesday, February 4th, to deny all permit applications for a proposed 13.2-acre private ski lake sought by Michael and Stacy Gauthier, owners of Grafton-based Gauthier BioMedical, Inc.

The 5-0 rejection followed 12 weeks of organized opposition from Save Cedar Creek LLC, a grassroots campaign that reached over 1.7 million unique Wisconsin residents on a total budget of $15,000.

By Wednesday morning, drilling equipment arrived at the Gauthier property to begin installing a high-capacity well. Following the Town's reasoned denial, a member of the Gauthier team told those assembled: "See you in court."

"We spent less than the cost of a used car to reach over 1.7M people 6M times," said Kevin Cahill, founder of Save Cedar Creek LLC and a Town of Cedarburg resident whose property borders Cedar Creek. "They spent millions on land, engineers, attorneys, and consultants for a private ski lake project that puts our entire town at risk. The community still won."

A Decisive Loss Built on Years of Review

The denial caps a review process that began in 2021, when the Gauthier's first approached the Town with plans for the private pond. Over five years, the project raised repeated concerns from planning staff about water supply impacts, neighboring wells, berm construction, and regulatory compliance.

The Town Board denied three interdependent applications: rezoning of agricultural land from A-1 Agricultural to E-1 Estate, approval of a Certified Survey Map to combine five parcels totaling 132.39 acres, and a permit for the 13.2-acre recreational pond.

Board members cited inconsistency with the Town's comprehensive plan, failure to meet zoning requirements, and concerns raised during extensive public comment. The December 17, 2025 Plan Commission had already recommended denial of all three requests.

Under Wisconsin Statute § 60.61 and the Town's zoning code, recreational ponds are not permitted in agricultural zoning districts. They require either P-1 Park zoning or E-1 Estate zoning with a special permit. Without the rezoning, staff determined the pond did not comply with any permitted use.
Last-Minute Maneuvering Failed

Days before the Board Meeting, on January 23th, 2026, the Gauthier's attorney submitted a letter withdrawing the rezoning application while asserting that the remaining approvals should proceed automatically. Five days later, on January 28th, new engineering plans were submitted claiming the pond would be filled by a high-capacity well rather than Cedar Creek water.

Town planning staff flagged these as substantial changes submitted after public hearings had closed, after review deadlines had passed, and after the Plan Commission had already recommended denial. The new plans showed no well casing depth, no piping details, and could not be properly reviewed before the Board meeting.

"The applicants attempted to change the fundamental nature of their project after the public process was complete," the staff memo stated. Wisconsin case law, including Buhler v. Racine County, establishes that municipalities are not required to reopen proceedings or accept late-filed material changes.
Grassroots Campaign Delivers Historic Results

Save Cedar Creek collected 3,240 petition signatures opposing the project, including 1,266 from Town of Cedarburg residents - a figure approaching total voter turnout from the most recent municipal election.

The campaign earned coverage from the Milwaukee Journal Sentinel, WISN, and TMJ4, along with public support from numerous government officials. On a budget of $15,000, the organization reached approximately one in two Wisconsin voters.

"This is what grassroots organizing looks like," Cahill said. "Neighbors talking to neighbors. People showing up to meetings. Democracy working the way it should."

Defiance Following Denial

Despite holding no approved permits for the pond, well drilling activity commenced at the property within 24 hours of the Board's decision. The Gauthier's representatives have indicated they will pursue litigation challenging the denial. As the left the Town Board meeting with their bodyguard, one member of party said, "See you in court to the Town Board."

The proposed project would extract millions of gallons annually from Cedar Creek and surrounding aquifers to create a private recreational lake. Hydrologists estimate the pond would require 30-45 million gallons to fill initially and lose 17-20 million gallons per year to evaporation, requiring continuous refilling from groundwater reserves that serve thousands of area residents.

Cedar Creek flows directly into Lake Michigan and supports documented populations of bald eagles, Northern Long-Eared Bats, and federally endangered Hines Emerald Dragonflies. Animals who's habitat and livelihood could be destroyed by this project.

What Comes Next

Save Cedar Creek has documented potential concerns related to Wisconsin Chapter 30 navigable waterway statutes and federal Endangered Species Act protections. They have also provided over 20 expert and community impact letters outlining the many dangers of this project. The organization says it is evaluating all available options.

The timing of well installation following the permit denial has raised questions among residents about compliance and enforcement. Town officials have indicated that any post-denial activity related to the rejected project may require review.

"The Town Board made a clear decision based on the facts and the law," Cahill said. "If the Gauthier's want to challenge that in court, they're welcome to try. We're not going anywhere."

Citizens of Cedarburg
Save Cedar Creek LLC
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