Building on wetlands

[crystal711]

What is the name of your state? Connecticut

Hi Everyone,
We have a corner lot with a beautiful river in the back yard and to the side in back, an acre of wetlands. Well, we thought they were wetlands, until a contractor came in a is trying to build on this property. The contractor is proposing to clear the lot right to our property line and his engineered septic system is going just 10 feet off. Not only is this a shame for the "environmental structure", but we will lose all privacy in the back of our house. He has made all of the setbacks, but this house cannot even have a yard because the house is the size of the buildable spot. The town is obviously not thrilled with the idea, but has said he has the "right to development." Understood, but I think when this house comes in, we will lose about (what we can guess) $30,000 in our house. Our house is raised up from where this house will sit, so we can't even put up a fence for privacy.
First, is there a way to find out for sure before the house goes in what the value of our property will be after this house goes in? Second, can anyone think of arguements against this house going in?

 

[nextwife]

Have you contacted your State department of natural resources to check if this parcel either meets the wetlands definition or if they can check to see if this SHOULD be designated a wetlands? WE had a neighbor nearby clearcut a potential wetlands without DNR permission, and the owner was slapped with a HUGE fine for unapproved changes to a wetlands. I am not familiar with CT wetlands law, but you can find the regs here:

http://www.cga.state.ct.us/2001/pub/Chap440.htm

http://dep.state.ct.us/wtr/wetlands/inland.htm


"CHAPTER 440*
WETLANDS AND WATERCOURSES"

There is more info on wetlands regulation here:
http://library.lp.findlaw.com/articles/file/00127/005890/title/Subject/topic/Environmental Law_Wetlands Wildlands/filename/environmentallaw_1_413

"What Size of Wetland Fill Requires Regulatory Action Under New NWP 39?

A wetland fill of 1/2 acre or less is permitted under NWP 39 for construction of homes, shopping centers and public institutions. NWP 39 also requires preconstruction notification to the Corps for impacts to a mere 1/10 of an acre."

YOu might also want to review the vegetaged buffer regs by the Army Corp of Engineers to see if this might further retrict what can be done there (see same sight"

"What is a Vegetated Buffer, Which Now May Be Required Under NWP 39?

A vegetated buffer is " a vegetated upland or wetlands next to . . . open waters which separate the open waters from developed areas . . . " Under NWP 39, vegetated buffers are required around perennial and intermittent streams and other open waters, but not around ephemeral streams. These buffers will "normally" be 25'' to 50'' wide on both sides of a stream "but the District Engineer can require a wider vegetated buffer to address documented water quality concerns." Vegetated buffers must be preserved in perpetuity by conservation easements or deed restrictions. Mowed lawns are not vegetated buffers. A buffer needs trees, shrubs and herbaceous plants."

And, consider hiring an environmental attorney to look into this for you!

 

[crystal711]

Thanks for the great info...I'll get right on it!

 

[nextwife]

Good luck. Come back and let us know what happens.

 

[HomeGuru]

If the zoning and building codes allow the home, there is little you can do to stop it from being built.