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Why can't I destroy a wetland.?

Discuss anything to do with property law - buying, selling property

Why can't I destroy a wetland.?

Postby gerard » Thu Apr 07, 2011 2:46 am

I have a cottage in Michigan an there is a piece of land connected to the lake ( about 50 feet from the actual house) that is labeled a wetland. My problem is it is only about 20 ft wide and 10 ft long but because of the environmentalists I am not allowed to touch it. This is a huge hassle because it stops everyone from entering the lake through the water front. I just want to know 1) if there is anything around this 2) what happened to private property rights and 3) what is your opinions on the government regulating EVERYTHING. (btw what makes this worse is that the govenrment expects me to plant certain plants and care for this ridiculous piece of land, including hiring a marine biologist to come out and make sure everything is going ok in there)
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Why can't I destroy a wetland.?

Postby langford59 » Thu Apr 07, 2011 2:47 am

You don't own your land. The government does.. That is why you must pay them rent every year. (property taxes) Uncle Sam knows what is best for you and you don't have a clue how to spend your hard earned money. That is why your money is confiscated ( income and other taxes ) Oh yeah, when you are told you can't use the land you pay rent to them for, you still have to pay your "rent"
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Why can't I destroy a wetland.?

Postby tiernan » Thu Apr 07, 2011 2:48 am

Duh, you'll get wet
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Why can't I destroy a wetland.?

Postby khalid » Thu Apr 07, 2011 2:55 am

Clean water is such a burden, isn't it?

Wetlands:

a. support a high level of biodiversity

b. remove pollutants from the water

c. buffer storm surges

d. prevent flooding



1. You have to apply for an exemption from the Army Corps of Engineers, have it inspected by the ACOE, and mitigate the losses (i.e. create another wetland greater than or equal to the size of what you destroy). Biological monitoring is part of the protocol. There may be grants available to offset some of the cost.

2. It's a wetland; you never had them to begin with. The air, water (including wetlands), wildlife, and public lands are considered public commons and belong to all the people of the United States.

3. That's how the Clean Water Act works. It's up to you to decide if it's worth the investment. If that 200 square feet is worth it, then by all means go for it.
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Why can't I destroy a wetland.?

Postby tai38 » Thu Apr 07, 2011 3:00 am

You poor dear, you have to walk 10 feet out of your way to get to a lake. Boo hoo.

Actually, you do have options, albeit expensive ones. Hire an ecological consultant to survey the wetland. If it is an "ordinary" wetland, you might be able to fill it in. Even if not, it might be considered "de minimus". also allowing you to fill it in or you might be required to replace it on a 2:1 basis. That would be the only time you would have to plant suitable plants. BTW, marine biologists don't generally deal with wetlands, unless they are salt marshes. You need a wetland biologist.
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