Question on Wetland Buffer Zoning

[neilly2]

Don't have much to add but an interesting story about a project in NJ I was partially involved with:

A new entrance ramp for a major road had to be constructed to make good on a political promise from the Governor to a major corporation the relocated to the state. Therefore the wetland requirements suddenly became flexible.

The solution was that the ramp could be built on the wetlands but, an equal amount of wetlands had to be constructed elsewhere. So, two different locations of acreage in the neighboring townships were excavated below the flood plain so they would flood and support the necessary vegetation, animals, etc.

On no other public or private development have I ever seen the wetlands buffer touched.

If you are approved on one of your projects but not another, the politics will be exposed. The town will have used the wetlands as a tool to control the type of development. At that point you could sue them for selective and discriminatory use of their authority.

 

[Ole_Hickory]

<font color="blue"> The solution was that the ramp could be built on the wetlands but, an equal amount of wetlands had to be constructed elsewhere </font>

They have done the same thing where I live,they are building a 4 lane bypass (Rt 50) about 8 miles away from where I live and somewhere they have disturbed a wetland/swamp during the construction work. Well.about 14 miles from this 4 lane out in the country I see this sign "your federal taxes at work" $1,495,000 + or - a few $$$,and they have dug up this big hayfield along the Ohio River and are building a new wetland.
/forums/images/graemlins/crazy.gif

 

[LapinFarmer]

Glenn,

My understanding is that the entire state (La) is wetlands /forums/images/graemlins/grin.gif

The underlying wetlands rules come from the Federal Clean Water Act. For some definitions, visit http://www.epa.gov/owow/wetlands/. The implementation of the rules will vary by state and municipality, but the definitions should be constant. It can get very technical, so you might want to read the summary and stop there.

To get an idea of how the states implement the federal law look at http://www.epa.gov/owow/wetlands/initiative/local.html.

Beyond wetlands, there are other types of "critical areas" that include bodies of water, streams, flood plains, steep or unstable slopes, sesmic zones and I don't know what else. A "critical area" is someplace that can not or should not be developed, built on or disturbed.

The steep slope and siesmic rules are local to WA state, although I suspect other states (CA) have similar ones. Our slope rules came about after some houses were washed off some bluffs during a particularly rainy winter and folks realized that maybe, just maybe, we didn't want houses built just anyplace. It also makes sense to protect the people living below the slope - one family died when their house was buried in a mudslide.

Many types of critical areas have attendant setbacks, called "buffer zones". Think of a stream where it makes sense to keep buildings and livestock away from the water. On our property for example we have a Type 4 stream with a 50 foot buffer mandated, and a Category III wetland with a 100 ft buffer. Believe me, I tried real hard to have that stream classified as Type 5 which only needs a 25 ft buffer. /forums/images/graemlins/frown.gif

Our steep slope does not require a buffer, and we can plant on it, use it for pasture etc., we just can not build on it. And the floodplain next door also does not have a buffer per se, although being a bog it would also qualify as a wetland. In Seattle they no longer allow new buildings on seismically vulnerable spots.

Buffers are off limits to development and disturbance, but there are some things you can do in a buffer. We are legally allowed to take horses into and through the buffer, and we can establish simple trails (but not a road or driveway). We can't clear cut them, but we can take out an occasional tree so long as it does not change the character of the buffer. Our well is in the buffer but we are not supposed to plant a garden there. Some parts of this are very subjective :?)

The overlapping jurisdictions can make these rules very tough to navigate. They might include the Army Corps of Engineers, federal or local EPA and Fish & Wildlife as well as the local zoning and planning office. Luckily for small projects there are procedures to ask for waivers and exemptions. The Army Corps exemption was easy to get, but we still had to get our permits approved by the county planning office and the state Fish & Wildlife Dept (our driveway crosses that Type 4 stream, which eventually flows into salmon habitat).

One good thing about having these reserved areas on our property - our real estate tax assessment just went DOWN, because much of our land is now considered unusable. Of course, it largely *is* unusable, but beyond the pastures shrinking we like it that way. Of course after we finish the house I'm sure the tax assesment will go back up /forums/images/graemlins/frown.gif

-Neal

 

[SteveH_CT]

Well that's a new direction to look into. If we are denied the ability to build the projects I've mentioned I will have to look into how we are assessed tax on our land. Hmmm, 8 acres, maybe 2 or 3 are usable - I see a big tax break coming /forums/images/graemlins/smirk.gif.