Re-Classifying Wetland

[MIKE IN lINO III]

I want to see if I can get some wetland Type 2 reclassified. I have talked to the Natural Resource specialist in Grand Rapids but I don't think he is going to budge.

I want to put in a driveway from the road to my camp site but the path I want to follow would go through a low area in the field. The low area is classified as a type 2 wetland. It does not hold water, the only reason it is a wetland is because of the vegetation there.

The so called wetland is part of a hay field, I could choose to cut the hay and work the field but I can't put a simple driveway in.

Does anybody ever dealt with re-classifying or know what avenues I might be able to take. Otherwise I will need to property surveyed ($500) and create a wetland restoration plan. As far as the restoration plan, wouldn't that be free through the county?

I need all the help I can get on this one.

Thanks,

Mike

[luckey]

Mike,

You are kinda hosed here. The water board has complete control in this area. We ran into a simular situation a couple years ago. We simply added gravel to an existing road and were told the area on one side was a type 2 wetland and we needed to restore it. 25 feet away on the other side was ok. The hay is cut every year on the type 2 wetland. You usually have several options.

1. put in the road and pay the fine. This can run from 2-6 times the established fee for wetland purchases.

2. Declare the road is for farming or silviculture (forestry). The problem is that is all it can be used for.

3. Buy the wet land from the state water bank. This is basically an exchange. The state buys wetlands and sells it to people like you.

4. You can "restore" a wetland generally in the same county. I don't know how this works but I guess you either pay for or do the work to restore some area in the county.

5. Keep applying for a permit untll you get one.

This information should NOT be considered absolute for anyone. This is just some information I learned through a simular expierence. Your situation and current practices may be totally different today. Good Luck

P.S. The best recommendating I have it to meet at the site with a Water Conservation board member to go over your options.

[MIKE IN lINO III]

Thanks Luckey,

I met with the County Soil and Water guy last year, now my neighbor ( we are splitting the road )met with a bunch of guys and I think he through a wrench in the deal.

The soil guy last year gave me a bucnh of good information,

I/we will have the ability to restore some of our current property to wetland because we have some high land we can convert. The soil guy says that we should get our land serveyed, which I'm not a fan of because the road is going to cost a ton as it is.

I don't see why we just can't lay out the road, have him tell us how much wetland we are going to disturb and mark the area that we can use to restore to wetland. Seems to me this would be a function of the county.

Mike

[Powerstroke]

Its not a function of the county cause they aren't applying to change anything. You want to change things so its up to you to pay all costs incurred. Its kinda like paying the court fees for the other side when you lose in court.

My grandparents went through this same thing a couple years ago. I dealt with lots of the details cause they didn't quite understand. They are old-fashioned and couldn't grasp why they couldn't do whatever they want with "their land".

The options give by luckey ar epretty much right on. Just cause the area doesn't hold water doens't mean its not a wet land. Its like being in a floodplain that hasn't flooded in 50yrs. It could comeback at any time and the plant life says its not that far away from being very wet again.

FInancially, the survey is not a bad deal. You will have to do it anyway so hopefully you can use the same survey for all your building needs. A $500 survey will be cheaper than some of the more "legally iffy" choices. ALmost guarenteed you will never get the land reclassified. Your only hope is to restore or convert other land to wetlands as mart of an exchange/mitigation deal. However this is always more expensive.

We ended up rerouting our private driveway to avoid the whole mess. It wasn't ideal, but it was cheaper and less of a headache.

[MIKE IN lINO III]

"Your only hope is to restore or convert other land to wetlands as mart of an exchange/mitigation deal. However this is always more expensive."

Thanks for the reply PowerStroke. You mention that to restore or convert other land is more exspensive, more expensive than what? I'm not following you.

I did talk to the Soil & Water guy, he states that the county will charge us to come out and inspect/measure the amount of wetland we are disturbing. It is a flat per hour charge, then we have to get a permit, submit a plan, wait for the board to meet and based on thier decision either build a road or continue to just drive across the field.

Gotta love dealing with the state. Fee for this Fee for that.

Pffftt

[Powerstroke]

In order to create a wetland or restore and area you would probably be required to hire a contractor to do that.

If the state wants to build a road and needs to fill in wetland, they are required by law to create new wetland nearby. This helps with the environmentalists and the soil/water guys because they need natural drainage.

They won't allow you to do a wetland restoration with your own hands on your own time. They will require you to use a qualified contractor to perform the work. Just like everything else they have exact rules about what would need to be present and how its done.