Beachbuster

Wetlands

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Does anybody know what the fine is for encroaching on NJ wetlands?  A neighbor a few doors down cut down about 50 trees and brought in 22 loads of dirt to raise his property.  There is a little water that, at times, flows to his property.  The  neighbor next to him is taking a fit because the water is now going to back up into his property.  The town was called in and the EPA is now involved (someone called them on him).  I'm thinking this guy is in a chit load of trouble.  I've heard horror stories about the amount of fines but I can't fine anything about the fines in NJ.  Just wondering if anyone knows anything about it.

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Staten Island asshat across lagoon (partially seen in avatar) took it upon himself to extend the point on his property with bulkhead by about 20 ft.  They caught wind of it, everyone within 500 ft or so got a letter from the DEP, they put a lein on his house etc etc.  Don't know the numbers involved, but rumor had it the fines were not inconsequential.

 

Unfortunately he walked away from house after Sandy two weeks before banks foreclosed as he grossly overextended himself acquiring additional boat dealerships.  Somehow he is still in business, but I think he managed to screw the state.  Add them to a long list....

Edited by makorider

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Wetlands. ouch. from my limited knowledge, that can be a Federal issue as well as state. I know someone who built a bass pond on his own property on a wetland - which fed a protected Wild and Scenic river. the fine was six figures. for Federal protected wetlands you are talking seven.

 

this is quite a famous case :

 

http://blogs.findlaw.com/free_enterprise/2017/05/northern-california-farmer-facing-28m-fine-for-plowing-protected-wetlands.html

 

 

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On 10/20/2017 at 2:35 PM, blastwater said:

Is this about legitimately designated "wetlands" or is this about rain water runoff? 

X2.

Come to MA.  and grab a few hundred plovers and plant them on his property. 

 

 

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N.J.A.C. 7:7A-16.5 Civil administrative penalty

(a) Whenever, on the basis of available information, the Department finds a person in violation

of any provision of the Freshwater Wetlands Protection Act, or of any permit, transition area

waiver, letter of interpretation, agreement, order, settlement, exemption letter, mitigation

proposal, or rule promulgated or approved pursuant thereto, the Department may assess a civil

administrative penalty of no more than $25,000 for each violation, not including any amount

assessed for economic benefit as determined under N.J.A.C. 7:7A-16.13. The amount of the civil

administrative penalty for each such violation shall be determined under N.J.A.C. 7:7A-16.8

through 16.13.

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33 mins ago, Surf Guy said:

N.J.A.C. 7:7A-16.5 Civil administrative penalty

(a) Whenever, on the basis of available information, the Department finds a person in violation

of any provision of the Freshwater Wetlands Protection Act, or of any permit, transition area

waiver, letter of interpretation, agreement, order, settlement, exemption letter, mitigation

proposal, or rule promulgated or approved pursuant thereto, the Department may assess a civil

administrative penalty of no more than $25,000 for each violation, not including any amount

assessed for economic benefit as determined under N.J.A.C. 7:7A-16.13. The amount of the civil

administrative penalty for each such violation shall be determined under N.J.A.C. 7:7A-16.8

through 16.13.

WOW.  I learned yesterday that the town, the state, and the EPA have all been to the property and have noted, with the town, numerous violations.  On one hand I feel sorry for him, but on the other hand, he was warned and had to sign a legal document, at his closing, stating that he knew about, and would not encroach on the wetlands.  I think he's going to feel a lot of pain.

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On 10/22/2017 at 10:41 AM, redfishkiller said:

only giant corporations who can "afford " the "permits" are allowed to build on wetlands 

Mostly true...believe me...permits were part of my job...

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As far as the NJDEP is concerned, ignorance is no excuse.  In this case, if he was informed of the wetlands when he bought the house, then he knew exactly what he was doing.  Think about how much his property value increased if he was able to make the wetlands "disappear" without anyone noticing.  

 

What goes around comes around... 

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