Wetlands on property?

[pablo94sc]

Anybody deal with a small stream running through their property? My wife and I are looking at a house to buy and I want to eventually put a barn/shop on the property. The problem is that there is a small stream running through the center of the 5 acres. The property is on a slope and it looks like the stream is from runoff up the slope. It is only about 2 feet wide and maybe a foot in depth. It is hard to tell since it is dry and covered in leaves this time if year. Anybody deal with something similar when buying property? Are all streams considered wetlands? I looked at the towns epa wetland map and it doesn't show up there but it does show up on the tax assessors map. I'm worried that the stream will keep me from clearing the land around it for the shop. Its tough to find anything bigger than 2 acres here in connecticut that doesnt have some sort of stream on it. Thoughts?

Keith

Based on what some of the responses posted, the "ponds" that form in the low spots of my front yard and in the two trenches I dug to install new french drains (before I hurt myself) that fill up during heavy rains would be considered wetlands.

A dry creek bed most likely just needs the source of the runoff to be diverted into a culvert or similar back to the original point where it exits your property. It's done all the time for building developments, roads, etc so why not on residential property? Talk to the local building office and ask what it would take to build near or to divert a creek as the properties you are looking at all seem to have one.

 

[nonhog]

I have a seasonal creek. Its never been a problem, however I can't build or disturb anywhere near it. It has a 50' either side buffer.
Which leaves me space on the other side I could do something with but wouldn't be worth the effort or expense.
I did have to have it signed off before I built my shop.

Never once did the biologist from the county call it a "wetland" (Its not). Its a "wildlife habitat". Coyotes like it.
The biologist did say if a branch falls I can't pick it up. LOL.
Even with all our Seattle area rain, its only a creek a few weeks out of the year.

 

[NavyRedneck]

I built my house on a property with known wetlands (but not in a flood zone) in 2011. I had a stream on one side and by talking with the local building code office I realized that I needed a 50' buffer and they instructed me to get a Wetlands Delineation performed before they would issue building permits. So before closing I had a Wetlands Delineation performed for $1400 or so which revealed, in addition to the above, 'Emerging Wetlands' in the center of the property which would make the property unbuildable for me if a buffer was required. The local building code office assured me that I could get a permit (ie. no buffer for the emerging wetlands) so that is what I did... quickly after closing before something changed. It was a mess and at the time, I considered it to be a gamble. But in many parts of the Southeast the only land left to build upon is wetlands. All the good land is already in use.

Oh, and a few years later they reclassified my property as in a Flood Zone. I really hate FEMA. It doesn't matter as I never financed the new house, just the land. I will never flood insurance from FEMA again. They raised the rate on a previous house from $250 to $700 in 10 years... very irritating as you can't shop around and you get nothing from it.

 

[wssix99]

Never once did the biologist from the county call it a "wetland" (Its not). Its a "wildlife habitat".

There's probably a good lesson here. Perhaps the OP should put up a sign that says "Latrine," "Water Slide," or something like that - just in case an "official" comes along at some later time and wants to re-designate the area after this is all over???

Stake the claim - make it something officially other than what you don't want it to be.

 

[elba]

Check this :
https://www.dcbureau.org/2012032271...me-court-decision-on-wetland-enforcement.html

 

[Moose364]

move to Texas.

LOL there it is, I have a creek and like it, my land goes to the center of the creek. so I own half of a creek for about 500'

 

[Stevie-Ray]

^^^^Not the way to go, do research at the town hall first and do it anonymously. Once you bring it to their attention then it is on record for ever. If it is not on the radar, you may be able to rework the flow with little to no issues, especially if it is in a tree covered area.

This. Before I bought my house, I went to the township and checked to see if I could put a large garage on the property, as I had walked the property off, and there was a swampy area right at the back of it. There were no issues, the supervisor assured me, and I bought the property. As it turns out the swampy area belongs to my next-door neighbor, who owns 6 lots total, including the one directly behind me. My area is called the Residential Tourist District, and so, has differing setbacks for the properties, as many are resorts. Following the information the township gave me, I built my garage, and it passed inspection without issue, and in fact they were quite pleased. Always best to check beforehand.

 

[kmacht]

The real estate agent provided us a copy of the subplot map for the property. There is good news and badnews. The good news is that the majority of the property is up against a conservation easement. There used to be a farm to the side and behind our property and the owners designated it as conservation land. The upside for them is that they don't have to pay many taxes on the land yet still keep ownership. The downside for them is that they can no build on it. This is good news for us as the easement stops at our property line meaning that we will never have neighbors back there. Double checked with the town and the conservation does not limit me doing anything on my property.

The bad news is that there are wetlands on the property. The stream isn't considered a wetland (just storm runoff) but the flatter part down by the back corner of the property where the stream flattens out is. The wetlands area is about 30' wide and 100' long. Setbacks are 75' all around that area so based on location it will make about 1.5 acres in the back corner of the 5.5 acre plot as unuseable. Not a big deal as there appears to be plenty of open land left to do what we want with the property. We will still have to apply for a permit to clear the land as the town wants to see a storm water drainage plan as well as an erosion control plan when clearing more than 1/2 acre at a time but that will be the case with any property we buy in town.

The other bad news is that our realtor informed us that the house is a short sale. The price they are asking was a good price but not a steal. We are weighing our options on if we want to move forward with a offer. We understand that shortsales can be a pain and take a long time to close but we aren't in any hurry to move as we already live in town and could use some extra time to get our current house into shape for selling.

Thanks for everyone's advice.

Keith

 

[MikeJ686981]

I had what are termed "delineated wetlands" on my property, and there was no mitigation for it. I could not put one footer in that boundary or game over. I had to adjust my house and shop plan to accommodate.

http://www.garagejournal.com/forum/showthread.php?t=239161

 

[billspit]

I had what are termed "delineated wetlands" on my property, and there was no mitigation for it. I could not put one footer in that boundary or game over. I had to adjust my house and shop plan to accommodate.

http://www.garagejournal.com/forum/showthread.php?t=239161

In most states, you can buy wetland credits that will allow you to impact a wetland. They are very expensive. To fill a small ditch (stream) can cost a $million.

 

[billspit]

There is a difference between streams and wetlands. Streams are considered navigable water of the US, even if they cannot be navigated. A dry stream bed can be a stream if it has a flat sandy bottom and only carries water a few days out of the year. Three things are required to be a wetland: hydric (water loving) soils, hydric plants and water within the soil surface so many days out of a the year.

 

[finn]

The conservation easement next door is probably not a forever thing.

If the owner or his heirs want to develop the property that option is available by paying back the tax break retroactively for some number of years.

 

[bob15]

The conservation easement next door is probably not a forever thing.

If the owner or his heirs want to develop the property that option is available by paying back the tax break retroactively for some number of years.

Not if the farm sold the development rights. Then, nobody will build on it and it stays open space.......at least in CT.

 

[BFBOB]

move to Texas.

"If I owned them both, I would live in Hell and rent out Texas." - Andrew Jackson

 

[PCMusicGuy]

Make one of those artsy houses that has a stream running through your living room and build the shop off to the side. You could invite people over for therapy.

 

[larry_g]

There is a difference between streams and wetlands. Streams are considered navigable water of the US, even if they cannot be navigated. A dry stream bed can be a stream if it has a flat sandy bottom and only carries water a few days out of the year. Three things are required to be a wetland: hydric (water loving) soils, hydric plants and water within the soil surface so many days out of a the year.

I'm glad some here have an understanding of what a wetland is.

lg
no neat sigline