Question on Wetland Buffer Zoning

[SteveH_CT]

Hi Guys - I've got three projects coming up. I hope to get all 3 started before the snow flies again - but I've got to go before our wetlands zoning commission for approval prior to starting them.

Project 1 - Horse Barn (3 or 4 stall) - I don't think this will be hard to get through since they seem to be very positive towards this type of use for land that adjoins/borders wetlands. It will probably be a pole barn.

Project 2 - Garage - I couldn't believe the site plan when I got it last night. My driveway technically borders wetlands buffer. I want to put a garage in at the end of the driveway, probably about 24 x 28.

Project 3 - Inground Pool - this is the one I expect problems with. The only spot in my yard where I can put the pool will extend one end of it into the buffer zone.

Have any of you ever tried to build in a buffer area around wetlands? If so, I'd appreciate it if you can give me some advice on how to proceed, and what, if any problems you encountered.

Thanks in advance for your help.

 

[DocHeb]

Wetlands restrictions are pretty restrictive around here. I would expect the answer from our wetlands board to be:

Project 1: Denied
Project 2: Denied
Project 3: Denied

Actually, we are restricted from building within 25 feet of the wetlands border.

Good luck.

 

[Gatorboy]

<font color="blue"> Actually, we are restricted from building within 25 feet of the wetlands border </font>

25 feet by me too -- and 100 feet for some "Special State Concern" areas.

 

[ByronBob]

What type of Wetlands are you speaking of. If it's Federal Wetlands you might as well stop now. But state controlled DEC wetlands may give you a break. Have you searched the web for information regarding your area? Did you call the county Soil and Conservation district? I would get whatever information together before you go to be prepared. Maybe others in your area near your house went through this already. Pick the neighbors brains or the local farmers or anyone you think might have had this problem.

One thing I keep asking myself is how did the driveway and the house ect... get approved in the first place. Someone must have gone through this process before you. Can you contact the previous owners and get their input?

 

[MadDog]

Steve: I'm going through a similar process here in Eastern Mass, just South of Boston. No garage or swimming pool, but
I've applied to my town's Conservation Commission for a determination that it won't violate the state wetlands conservation Act for me to build a pole barn and clear for a large vegetable garden some land bordering wetlands.

We basically have three kinds of lands here:

You really can't do just about anything on wetlands except, perhaps, build a minimal access route if that is the only way that you can get access to non-wetlands on your property.

On Bordering Vegetated Wetlands (defined by the proportion of wetlands species of vegetation) the uses are very restricted, but some agricultural uses are permitted and other uses only if the Conservation Commission concludes that the use won't adversely affect the wetlands themselves.

The use of uplands is unrestricted, except within 100 or 200 feet of wetlands, depending on the kind of wetlands.

So far, I've had to (1) hire a biologist to survey the property and prepare a report indicating what portions of the property are wetlands, bordering vegetated wetlands and uplands and (2) file an application with the Conservation Commission for a determination that my intended uses are permissible.
There are some indications that the Commission may not be too hostile to my plans, since I'm not asking for approval of either commercial or residential development. The Conservation Commission is supposed to hold a hearing on my application in early July.

I'd be happy to keep you posted and compare notes as we go along.

 

[SteveH_CT]

The house was built new in 97. Whether the current commission would allow it or not I'm not sure. I've got one contractor coming out Monday to help get plans together before I submit the requests.

If I get shot down on these plans then there would be a very good chance I'd sell and head up to our other land. I am trying to postpone building a whole new house for now - the prices are just too high.

Dave - We've got 26' from the house to the beginning of the buffer. I can't believe that out of 8 acres they have restricted us to such a small area.

ByronBob - I don't know who the authority is that designated the wetland borders - I'll find out though.

Mad Dog - Good Luck with it. I'd be interested to hear how you do with your process. Perhaps the only thing going for me is that I live in a town of approximately 4000, so I am not yet sure how diligent they are about interpretation and enforcement of these rules. I'll be sure to post as I go through the processes. I think the wait in between meetings will be the worst.

Thanks everyone for your input.

 

[LapinFarmer]

Steve,

The local (state) regulations that implement the Federal rules will vary a bit, but some parts are pretty standard. We have 25 acres (WA state), almost 2/3 of that are in buffers or wetlands. Makes a nice privacy buffer and the wildlife likes it, but it does limit our pasture acreage.

The fact that you have designated wetlands and buffers on a property that was built on in 1997 likely means that the 1997 building permit process "discovered" the wetlands and buffers. That means they are now plotted on an official map at the local planning/permit office. That is where the site plan came from. If you subsequently violate the buffers they will make you undo your work and levy fines. So be careful, and don't trust a contractor to know all the laws on this.

My advice is to hire an expert on the local regulations, either a biologist or an engineer. We hired both. Then I invited a biologist from the county permit office to visit. Our county has a "pre-application conference" system that allows them to answer questions before you file any permits. Get to know them and ask questions in a friendly, reasonable manner. Hopefully they are friendly and reasonable too.

As long as you stay out of the buffers, they will probably allow you to build anything that otherwise meets local code. It is common for driveways to be allowed in or adjacent to buffers - ours cuts through the buffer, but that is the only way in and it predated the buffer designation by many years.

Our rules allow wells and well houses to be built in buffers (ours is) and driveway traverses. Utility easements are also possible, but no other structures, although one loophole is to pour a huge pad for the well house and park an RV on it. Our buffers must be forever maintained in a "natural state" so that means whatever grows there by itself, but no mowing.

I'd guess in your case they will allow the barn and garage, assuming they meet local codes etc., but they are not going to allow the pool to spread into the buffer. You might be able to do a "swap" - that is take space from the buffer in one spot and give back more someplace else. There are other mitigation give backs that can buy you more freedom - talk to an expert.

The rules are well intentioned but there can be some bizarre consequences from their application. Stay calm and be patient. And hire a good biologist or similar expert. It is worth paying for a few hours of their time early to save aggravation later.

- Neal

 

[BPD239]

I'm not far from Salem in Connecticut and recenly went through the wetlands hassle. I would bet most of the local codes are the same. We have a 75' buffer from the wetlands. 10 years ago it was 50', and the change didn't allow for grandfathering. I went to build my garage and it was in the buffer area. If your commission is similar to mine, you will be held up at least 2 months while waiting for approval.

You are required to present plans at your first monthly meeting. This is were you see just how little the people on the commission know about building and wetlands....but that is another rant. The commission will take a month to visit your property (although after two permits, I never saw anyone walking my property) and do a walk around inspection to look for any wetlands concerns.

After that you wait until the next scheduled monthly meeting and get a permit approval. Expect to have to show them plans that include, silt fence locations, where you will put soil removed while constructing your projects, etc.

Depending on the size of your lot, it may be easier. They really have to let you work in a minimum lot size. I think ours is an acre based on state wetland regulations. That means if you have an acre lot, you really can't be stopped from doing any of your projects. If you own a large piece of property, get ready to explain why you can't move your buildings and pool to a nonregulated area.

 

[SteveH_CT]

So far none of this sounds real promising. I also have another concern now that I read LapinFarmers post - I have cleared some of the newly discovered buffer from behind my house. I started this in the spring due to the fact we were literally getting over grown back there. Now that I've seen the prints it appears that we have almost no backyard. I really find this whole thing aggravating. There is so much undisturbed land around us - and I find it hard to believe that by me adding an additional 30' of depth to the back yard that I'm endangering anything... regardless, I may be in for some fines just based on what I've already done.

Well as I've said before I think I'll just proceed and see what happens. It may not be pretty, but I've pretty much started the process.

 

[Glenn9643]

I noticed that all of the people involved in this thread are from "up north" after reading the issues and responses. While I've read of wetland issues here and there, seen indications that agricultural lands are moving more towards leaving buffer areas between croplands and streams, etc., I'm unaware of homeowner restrictions in this area other than building in a flood zone. It seems to me that compared to other areas of the country the entire state of Louisiana could be considered "wetlands", and I would like to find out more about possible local restrictions or even federal guidelines as to what constitutes "wetlands" or "buffer zones". Anyone able to help out with this? I did a google without much result.

 

[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.