The state of Wisconsin has filed a civil lawsuit seeking the removal of the tug Donny S., which has remained aground in Baileys Harbor on Lake Michigan for roughly four years.
The complaint, filed in Door County Circuit Court, names Jeremy Schultz, Michael Cole, Iron Works Construction LLC and Sarter Marine Towing Co. as defendants, along with unidentified insurers. The state is asking the court to declare the vessel a public nuisance and order its removal. If the defendants do not remove it, the state is seeking authorization for the Wisconsin Department of Natural Resources (DNR) to do so at their expense.
According to the complaint, Schultz acquired the steel tug in 2021 after it had been permanently laid up. A previous survey had described the vessel as being in unsatisfactory condition because hull repairs had not been completed, with its remaining value largely tied to scrap, deck equipment and fittings.
Sarter Marine contacted the Coast Guard in March 2021 regarding plans to tow the disabled vessel from Sturgeon Bay to Baileys Harbor, according to the complaint. The Coast Guard approved the tow the following month under specified weather conditions.
The tug was subsequently brought to a dock associated with Cole and Iron Works Construction in Baileys Harbor. Plans for the vessel changed over time, according to the state, with possible destinations including scrapyards in Manitowoc, Wis., or Escanaba, Mich. Later correspondence cited in the complaint also referenced the possibility of converting the vessel into a floating restaurant and kayak-rental operation.
Sometime between November 2021 and May 2022, the Donny S. broke free from its mooring and drifted west before grounding approximately 580' from shore in what was then about 4' of water, the complaint states.
The DNR subsequently sought to have the vessel removed and began issuing Schultz citations for unlawful obstruction of navigable waters in October 2022. The complaint says at least 33 citations were issued through February 2024, totaling more than $20,000.
The state also cites potential environmental concerns associated with the aging vessel, including asbestos-coated piping, residual fuels and greases, lead- or cadmium-based paints, PCBs and tributyltin-based antifouling compounds. The complaint does not establish that those materials are currently leaking from the vessel.
Questions about the tug’s condition and environmental risk have persisted locally. Door County officials this year approved a resolution urging state authorities to inspect the vessel for hazardous materials, evaluate its structural and environmental risks and take steps toward its removal.
The DNR also began holding stakeholder meetings in 2025 as officials sought a solution for the vessel. The Town of Baileys Harbor has said the lakebed is outside its jurisdiction and has directed questions about removal to the DNR.
“Despite four years’ time and ample notice, Defendants have failed to remove the Donny S. and remedy its existence as a public nuisance,” the state alleges in the complaint.
WorkBoat attempted to reach Cole through publicly listed telephone numbers but was unable to contact him. One number was disconnected, while a second reached an automated message stating that the recipient was unavailable and did not provide an option to leave a message. WorkBoat was also unable to locate current contact information for Schultz or Sarter Marine Towing.
The DNR did not immediately respond to a request from WorkBoat for additional information on the vessel’s current condition and the state’s plans for its removal.
