Endangered or Protected Plants

What is the name of your state? PA

My question is for a friend who owns a junk yard that has been in business over a hundred years and is now being harassed by the township on one bogus charge after another to shut him down.

Now he is told that all shrubbery outside his fence must go even though many plants are on the state and federal endangered species lists.

Can someone refer me to a more proper forum if this is not the one?

How can we invoke the environmental powers that be and stop this nest of rattlers from destroying his livelihood?

We live right on the border with Maryland and have many high-falutin refugees from there who want to turn this into a Class A township.

Regards

Give the township some home work.look into buying properties in the township and ask the township to provide plans for public improvements on the properties. call 1 800 242 1776 the dig safely line and they will assit you in getting the data. It can be long and costly for the township. Go to the public parks. take your camera. document all the noxious plants that are there. Fax all requests to the township att. . Start running up the legal bills. They bill the township for this work. You can watch township trucks. when they put junk in the trucks from the streets, take a picture. Is the load propery secure? Is there a placard stating "solid munipical waste " on the truck? be creative........................................................................................................................................................................................................

bhirst said:

Give the township some home work.look into buying properties in the township and ask the township to provide plans for public improvements on the properties. call 1 800 242 1776 the dig safely line and they will assit you in getting the data. It can be long and costly for the township. Go to the public parks. take your camera. document all the noxious plants that are there. Fax all requests to the township att. . Start running up the legal bills. They bill the township for this work. You can watch township trucks. when they put junk in the trucks from the streets, take a picture. Is the load propery secure? Is there a placard stating "solid munipical waste " on the truck? be creative........................................................................................................................................................................................................

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What an idiot!

As to the original post, if the business has been operating for 100 year and the violation citations from the city are NOT due to any recent rennovations then your friend has nothing to worry about. It's called 'Grandfathering' and the city probably knows they can't enact new laws to force him to do anything.

The solution to endangered plants that are not on his property is simple. Refer the city to your state department of transportation or the State Department of Natural Resources.

If the endangered plants are on his property, have him send a certified (RRR) letter to the city attorney requesting the statutory authority for which the city claims dominion over such. Then send a copy of their response to your State Attorney General for an opinion and a copy to the State Department of Natural Resources for a further opinion.

Be sure you have endangered plants

first check that the plants are truly on either state of federal lists - if they are the township must have had to consulted with one or both of the state responsible agency or USFWS in order to implement a program that requires the removal of the plants on private property as it is by thier action that a protected plant is being removed. Generally the township would have to offer mitigation for the destruction of the habitat and sometimes the actual taking of the plants under state law - similar requirements are under the federal ESA. I would contact your state fish and game or applicable environmental department to see if they have obtained the required environnmental permits for this action and contact the USFWS to see if the same has been done there - if there are federally listed plants involved. You can ck the USFWS web-site to see if the plants are listed.
Just because something is listed as endangered does not mean it is totally protected from being destroyed or habitat destroyed but adeqaute mitigation is usually a requirement and the action must not jeopardize the future existence of the plant. If the township has not obtained the required permits for its plant removal requirement this could stop the action.
AS to Belize Breeze comment - grandfathering does not apply to requirements such as removal of plant material for safety purposes such as fire hazards etc.. but would apply as Belize says if it was a new ordinance like that relating to that had to do with building design or materials or setbacks or the like. As you dont say why they want the plants removed - none of us can really comment on this here completely - but if it is weed abatement, then it is valid. Also I fail to understand why removal of shrbbery would cause the demise of a junk yard??? I am curious about that one.