Page 32 - Leisure Living Magazine May 2016

Wetlands Permits
Continued from page 31
igable waters, you must get an Isolated Wetlands permit from the Ohio EPA. Most single-family residential construction projects are eligible for a streamlined Nationwide Permit 29 (as long as less than half an acre of wetlands will be disturbed). If you are eligible, you will be able to avoid the more burdensome process of getting an individ- ual permit. Overall, the location, size, and quality of the wetlands to be impacted will determine the type of permit required, and where to obtain it. Individual permits from the Army Corps require a separate state Section 401 water quality certifi- cation from Ohio EPA. You must comply with the requirements of your permit.
In addition to the cost and time associated with preparing and filing these applications, you can expect to wait at least 30 days for a nation- wide permit and as many as 60 days for an iso- lated permit before the Ohio EPA or the Army Corp approves your permit, and you may wait up to 180 days or longer for an individual permit.
Q: Can I avoid getting a permit?
A: If only part of your property is a wetland, you may be able to plan the construction and design of your project in a way that avoids impacting the wetland.
Q: What if I receive a notice from the govern- ment that I have violated a wetlands require- ment?
A: If you get a notice of violation, you may have to pay a fine, and you will probably have to elim- inate the violation by restoring the property to its original state or obtain an after-the-fact permit to
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make it legal. Depending on the circumstances, you may need to consult with an environmen- tal attorney and possibly a wetland delineation expert.
This “Law You Can Use” consumer legal infor- mation column was provided by the Ohio State Bar Association. It was prepared by Chris Kim Kahn, an attorney with Frost Brown Todd LLC. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.
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32 |LeisureLiving May 2016
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