wetlands

[HOT SAW]

I have commercial property in Minnesota and I am try to expand my building,I had to get the building approved by the city I put $60,000 into fill and land prep,the dnr stops in one day and makes me stop because he thinks it is wetlands now I am fighting with the city to move forward,and they are trying to fine me,how can they do that when it was already approved?

 

[Firewood Guy USA]

I have commercial property in Minnesota and I am try to expand my building,I had to get the building approved by the city I put $60,000 into fill and land prep,the dnr stops in one day and makes me stop because he thinks it is wetlands now I am fighting with the city to move forward,and they are trying to fine me,how can they do that when it was already approved?

Evidently, you disturbed the lands beyond the approved building area. Did you read the complaint yet ?? It should state the evidence why the stop order was issued

 

[hanniedog]

How they define a wetland can leave you scratching your head. The guy I work for has a farm with about five acres of woods in one corner. They say it is not a wetland. Dig a hole with the backhoe comeback next day hole is full of water. So its not a wetland sure looks like one to me.

 

[PA Plumber]

We are in a situation regarding wetlands. It seems the federal government has jurisdiction over any and all wetlands in the United States. The Army Corps of Engineers has been charged with the watchdog responsibility of "wetlands." There are a few plants that are indicative of wetlands and there is one that is identified at the "border" plant. I can't remember the name of it right now, but if that plant is growing, that's the edge of where the ground is not to be disturbed.

Good luck with your situation. Sorry I can't be more encouraging.

 

[PA Plumber]

I guess I should also mention, DEP or DNR are state agencies for the local governing of wetlands. If the Army Corps of Engineers wants to, it can step in and take over.

I recently had a long meeting with our local Army Corps of Engineers field agent.

 

[redprospector]

Is DNR, the city, or for that fact the Corp. of Engineers helping you make your land payments, or property taxes? I assume not, so why do they think they have the right to tell you you can't build? If your going to fight, read your constitution.

Andy

 

[PA Plumber]

We purchased some land and the neighbors turned me in for putting the fields back in. Army Corps of Engineers, DEP, and PA Fish Commission all showed up to investigate. I had pulled permits for some of the work and that was all okay.

On the other hand, there was less than 200 square feet of disturbed wetlands. I was written a warning and it was sent by certified mail. No fine but very frustrating. One of the old owners came with me and brought pictures for the Army Corps of Engineers agent to show the field was a field a few years ago. Turns out, when an area converts back, you can't change it without a huge amount of hassle, if at all.

It's also pretty frustrating to buy some property and not be able to do anything with it but pay taxes because it has been labeled a wet land AFTER you bought it. Since I don't have the $$ for a long, drawn out court battle, I won't be fighting this one.

 

[JBinKC]

I think would research if you perhaps have a legal case against the city to recover your costs in the project due to their negligence on the matter but that is about it.

Only in very special circumstances can you do anything you want to a wetland. My father had a circumstance where the DNR did a prescribed burn on state owned land and the fire spread onto our property damaging maybe 10 acres of woodlands which was on a flood plain. They generally gave us the green light to do any project (he added a 1/4 mile road and two 5 acre ponds) even after complaints from neighbors on the entire 140 acre wetland property since we indicated the DNR to replace each and every tree in its original state which would have cost them millions of dollars.

 

[HOT SAW]

I guess your land is not really your land they want me to buy wetland credits for $80,000 dollars per acre so does that mean my land if it was wetlands the city would buy it for $80,000 I don't think so. Then I could lease it from the city and not have to pay taxes on it,if it is wetlands I cant use it any way so why wouldn't I lease it.

 

[PA Plumber]

Man, I can sure appreciate your frustration. The wetland "bank" idea sounds a little odd to me. Businesses, states, fed gov't, etc, can bank wetland credits. They are actually allowed to build wetlands in areas that wouldn't or couldn't be used for anything else. This then lets them rip apart an established wet land for whatever reason because they have built/bought enough in the past.

I'm guessing the price they have extended to you is the cost to build a wetland, plus at least 1 or 2 extra dollars for their profit.