Page 31 - Leisure Living Magazine May 2016

Wetlands Permits:
What Homeowners Should Know
“Law You Can Use” Courtesy of the Ohio State Bar Association
Q: I want to build a house near a small lake, but a friend said the property might be a wetland. What is that, exactly?
A: Wetlands are areas “inundated or saturated” enough by surface or groundwater that they can and generally do support vegetation adapt- ed for living in saturated soil conditions. As such, wetlands are valuable because they improve water quality, help control flood waters, pro- vide a habitat for fish and wildlife, and are aesthetically beautiful. For these reasons, state and federal agencies like the U.S. Environmental Protection Agency (U.S. EPA), the U.S. Army Corps of Engineers (Army Corps), and the Ohio Environmental Protection Agency (Ohio EPA) impose and enforce regulations meant to pre- serve and protect wetlands. If you are planning to build a home or start any project that could impact wetlands, you should be aware of these regulations.
U.S. EPA and a few state agencies have enforced wetlands regulations against individual homeowners for failing to obtain proper permits before undertaking activities that impact wet- lands. For example, in 2012, the U.S. Supreme Court decided the case of Sackett v. U.S. EPA., which involved a 2/3-acre residential lot near Priest Lake in Idaho. The couple purchasing the lot filled part of it with
dirt and rock in preparation
for constructing their dream
home. Shortly thereafter,
U.S. EPA issued a compli-
ance order informing them
that the lot contained juris-
dictional wetlands, and that
filling the lot with dirt and
rock without a permit vio-
lated the Clean Water Act.
The order directed the cou-
ple to restore the property to
its original condition or risk
being fined up to $75,000 per
day in penalties. The couple
prevailed in the issue before the Supreme Court,
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which involved their right to appeal the order in an administrative proceeding, but they have yet to reach resolution with U.S. EPA or to resume construction of their home.
Q: What should I know about wetlands regula- tionsbeforebuildingoraddingontoahome? A: Whether you are building your dream home, or merely adding a room, swimming pool, patio, or deck to your home, you should determine if there is a wetland on or near your property that your project might impact. It is not always easy to tell if an area is a wetland, especially if it is only “wet” for part of the year. You may need to consult with a wetlands delineation expert who will examine the vegetation, soils, and hydrology to determine if your property contains a wetland, and if so, its location, size and quality.
Q:WhatmustIdoifIwanttobuildinawet- land?
A: If your project will impact a wetland that adjoins or is close to a navigable waterbody, you must get a Clean Water Act Section 404 (individ- ual or nationwide) jurisdictional permit from the Army Corps. If the wetland is isolated from nav-
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Ohio Wetlands
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