Any ground disturbance of an ancient Indigenous mound in Wisconsin requires state approval, but it often takes concerned citizens to make sure the law is followed.
That's the case in Madison's Vilas Park, where park district crews apparently disturbed a mound and moved boulders that were placed there intentionally in ancient times.
In September the City of Madison's park district superintendent, Eric Knepp, requested to remove a "hazardous" tree near a mound in Vilas Park as part of the master plan for the park. The request was approved, but the mound was not to be disturbed.
A group of neighborhood residents had warned park district officials several times at meetings that the area likely contained sensitive historic sites, including ancient human remains.
"This Vilas Park is one of the last remaining wide-open parks (in Madison) that is somewhat untouched, and we would like to preserve and protect the cultural heritage of the area," said resident Eileen Hornberger.
She said there are several uncatalogued effigy mounds documented by archeologist TH Lewis in the late 1800s.
"The city has repeatedly ignored our requests for understanding the value," Hornberger said.
Park district workers started working on the site Oct. 28, and residents were alarmed at the amount of disturbance taking place at the mound, including leaving tractor tracks and moving boulders. Residents notified state officials because Wisconsin law states that any disturbance of an ancient Indigenous burial mound requires the approval of the Wisconsin Historical Society.
The next day the Historical Society state archeologist notified the city of Madison that it was in violation of its permit to disturb the burial site. The city crew was instructed to return the largest three boulders to their original locations.
Larry Johns, an Oneida tribal member and ancient Indigenous mounds researcher, said the mounds, known to Indigenous people as "grandfathers," played an important role for the mound builders.
"They're an important part of putting a mound site together," he said.
Johns said the ancients used them to determine the orientation of the mounds and to find true north.
He said preliminary mapping of Vilas Park using LiDAR, light detection and ranging equipment, shows there's at least one mound in Vilas Park and he suspects there are more.
He said the city needs to be more careful when doing any work in the park.
"In Vilas Park, we're saying (the city) needs to use GPR (ground penetrating radar) in any area where they plan to do ground disturbances," Johns said.
The Wisconsin Burial Sites Preservation Board discussed the issue at its December meeting and voted to discuss the issue further. It also wants to discuss other reported burial site disturbances across the state at a future meeting, likely in January.
William Quackenbush, tribal historic preservation officer for the Ho-Chunk Nation and president of Wisconsin Inter-Tribal Repatriations Committee, attended the meeting and provided a brief history lesson of why Wisconsin started protecting these burial sites in the 1990s.
"There's a reason why we're here today and that's to protect our ancestors," he said.
Quackenbush said he insisted that Madison park district officials meet with him at the site in Vilas Park, which they did, and he and state staff were able to get city staff to agree to reconsider their master plan.
The Madison park district superintendent did not return a Journal Sentinel email request for comment.
Kohler remains committed to luxury golf course
A separate burial mound issue has surfaced in Sheboygan.
The Kohler Company plans to build a luxury golf course on its property along Lake Michigan, but some residents are concerned about ancient Indigenous burial sites being disturbed and dug up there.
A 2018 study at the site discovered ancient human remains and artifacts in several locations on the course plan. Those remains and artifacts were transferred to the care of researchers at UW-Milwaukee.
"I have a serious problem with the way the human remains were being handled (by) UW-Milwaukee," said Kurt Sampson, archeologist and mounds expert who works with the Dodge County Historical Society. "There was no reason to remove these human remains and the fact that there were numerous remains found should have stopped this golf course or at least significantly altered its development plan."
The proposed golf course has faced other legal hurdles, including being denied a wetlands permit by a judge. Now, Sheboygan Mayor Ryan Sorenson has said he also is concerned about the golf course possibly being built over ancient Indigenous burial mounds. Sorenson said there should be more dialogue between the company and tribal nations in Wisconsin.
Beyond that, the mayor said the golf course would require cutting down a forest next to a state park. And he said most Sheboygan residents wouldn't be able to afford to play at the luxury course anyway.
Kohler Company representatives said they remain committed to a 2018 plan that includes leaving untouched two known burial mounds on the site.
"This is an important historical opportunity for education that could have remained unknown without our project," said Dirk Willis, group director of golf for Kohler, in a statement.
At a recent meeting, the city of Sheboygan extended Kohler's conditional use permit by one year as required by law. The company continues to seek a way to meet concerns and build the course.