Has anyone had positive experience with DEP?

[csi7]

What is the name of your state (only U.S. law)? Florida
I placed a 50 feet single piece of edging from the cemented anchor property marker to the fence line of the neighbor's fence just on the outside of our chain link fence cement anchor posts from our side of the property line. The neighbor's back corner privacy fence is creating washout all the way down to the property marker of dirt from the area.

Department of Environmental Protection has now gotten involved and wants me to remove the dirt that washed out from the fence line. I have already sodded the area in question and all trees and vegetation have been put down to ground level.

Have had several fencing companies come in for estimates of putting fence the rest of the way down.

Any suggestions would be appreciated. Thank you.

 

[xylene]

You need to consult an engineer.

If your edging is causing an erosion problem, then it is your responsibility.

 

[csi7]

No. The edging is stopping the erosion from going any further on our side of the edging. The water is continuing to flow from the neighbor's gutter and driveway down under their privacy fence.

What type of engineer?

 

[xylene]

No. The edging is stopping the erosion from going any further on our side of the edging. The water is continuing to flow from the neighbor's gutter and driveway down under their privacy fence.

What type of engineer?

A civil engineer with experience in hydrology. My apologies for not being more clear. Someone who can explain what is going on in an expert report that would amount to evidence.


I was also unclear about the edging, if it is causing erosion ANYWHERE, than it may be an issue for the DEP.

It isn't good enough that it is protecting your property.

Runoff is a big, complex issue. Esp in Florida where the rainfall often exceeds the capacity of the ground to rapidly absorb it.

 

[csi7]

Thank you for your help.

Prior to the neighbor putting up his privacy fence, the runoff was not an issue at the back of the property.

His fence starts about the middle of his property and angles down (there is a two-three inch gap at the bottom of the fence) towards the corner next to our fence line. The fence going along the property line also angles down with a two-three inch gap at the bottom at the back corner where the two sides meet, it gullies every time it rains.

Thank you for helping me understand how to search for more help in resolving this issue without creating more problems.

 

[CraigFL]

When I needed to "work with" the DEP so I could build my home, I found an ex-DEP employee that hired out his services for the interface with them. It was the best $500 I spent since all the headaches were gone and my house was built without one problem with them. I found this person by talking to engineering companies.

 

[alligatorob]

Has anyone had positive experience with DEP?

Sure, had bad ones too.

It’s a little hard to give you a very specific answer without understanding more about your issue. If DEP is involved I assume you are waterfront. Is it freshwater or saltwater? And what water body? This all makes a difference. I have dealt with DEP a lot and from what you describe here’s what I think your options are:

1. As CraigFL suggests hire someone with some expertise with DEP, a retired or ex-DEP person is a good idea. Not only do they know the regs, they also will know how DEP does business and can often get you through the process. There are lots of consultants who offer this service, look in your phone book.
2. Talk to the DEP engineer or person who has “gotten involved”. They may have a reasonable suggestion to get you into compliance. In my experience this works about half the time, depends on the individual and situation.
3. Ignore it, DEP is not great with follow through and in my experience about half the time if you don’t do anything neither do they. Of course this depends on what “gotten involved” means, this is only a good idea if all you have heard from them is verbal.

I’m a Florida Civil Engineer and not a lawyer.

 

[csi7]

The area in question is freshwater.

The dam holds the water in a shallow lake for the homeowners starting two properties to our left and all the other homeowners who live directly on the lakefront.

The county placed a storm drain about four properties up to our right and this drain stays full. The storm water drains into the two feeder creeks behind our property.

The Homeowners Association is responsible for the upkeep of the dam. The dam is where the two feeder creeks flow into. The two feeder creeks come together at the back of our property.

We have had several large trees removed and are taking out all the small trees the rest of the way across the back of the property line.

Department of Environmental Protection submerged lands section is coming out for a scheduled visit to work with us. It is possible that the new person coming out will be able to provide a positive resolution to ensure our compliance with the regulations for submerged lands.

Thank you for your help, everyone, especially alligatorrob.

 

[csi7]

DEP visit yesterday afternoon proved successful for us, due to the help provided by posters.

The neighbor who has continued to call complaints in will be charged with harassment if they continue to involve DEP.

We only have to do minor clean-up, which we were already aware after we did the temporary repair.

A privacy fence is being placed along the property edge to the marker.

The neighbor is adding twenty feet of privacy fence where the original washout started the problem. If they do not go all the way to the property marker, we will.

Thank you for your help.

 

[alligatorob]

The area in question is freshwater.

The dam holds the water in a shallow lake for the homeowners starting two properties to our left and all the other homeowners who live directly on the lakefront.

This may not be a DEP issue. I am not sure about private damed lakes, but I know man made dug water bodies (ponds and canals) in Florida are not always regulated by DEP, they just belong to the landowner and you can do more or less what you want. They are not natural waterbodies.

Sounds like you have resolved things, but if not you may want to talk to a lawyer and ask if DEP actually has jurisdiction. The DEP field engineer you spoke to may not know.

 

[csi7]

We were under that same assumption.

Department of Environmental Protection has the responsibility of the area due to the definition of "wetlands". It is sad that so much manpower, time, money was spent to resolve this area of definition of 20 feet length by four feet wide.

Not sure how the housing association is going to handle the problem on their side. They can't get to the wetlands where the problem is except from private property. They will have to clear the trees from the road to the area just behind our property.

Thanks again for your help.