DEP fines Teacher $12,000 for planting too close to Wetlands

NorthJersey.com ^ | 08.07.07 | BARBARA WILLIAMS

[Coleus]

Jeff White in the vegetable garden on his 7-acre West Milford property. The state claims part of the garden is too close to wetlands.

WEST MILFORD -- He hired experts, tested the soil, planted veggies and erected an electrified fence to keep out the bears. But what newbie farmer Jeff White didn't know was that he also had to shield his garden from red tape.  State officials say part of the 4,500-square-foot garden sits too close to wetlands. Specifically, it is on a "deed-restricted transition area" or buffer of wetlands, and the state wants it dismantled. The state also wants White to pay a $12,000 fine or go through a long, costly process to change his deed to reflect revisions on what's protected land and what's not.

White, now appealing the directive, says "I'd be lucky to find $12 in my house right now, much less get my hands on $12,000. I just don't know what we're going to do." The two-year fight between the Butler High School teacher and the Department of Environmental Protection is complicated. It fills three binders with correspondence. Now, it's down to a paperwork requirement -- and a disagreement on what was said during an April 2006 meeting between state officials and White, because nothing from the gathering at White's house on Lone Pine Lane was put down on paper.  The tale begins when White was notified in 2005 by state officials that part of his garden sits on a restricted area. White knew about the wetlands on his 7-acre tract when he bought it in 2002 and made sure he built his garden and house around the environmentally sensitive land. But White said he was unaware of the unbuildable transition area.

He said he asked state officials what he could do to compensate for disturbing the ground and was given some requirements. They included moving part of the garden and a fence, and designating another area for conservation. White made the changes and even designated 2,877 square feet for conservation instead of the necessary 2,500 square feet.   But he maintains he was never told to modify a deed restriction -- the portion of his deed saying where he cannot disturb the land or vegetation. So now he can attempt to make the paperwork change or he can pay the fine and tear down the garden.  But DEP regional supervisor Michael Nystrom said in an April 2007 letter that White was indeed told earlier that he needed to "lift" the deed restriction. Nystrom says in the letter that it's an "expensive and lengthy process and the outcome is not predictable."  State officials would not speak directly to White's case, but provided documents concerning the property. Nystrom said in his letter that White knew he built on the restricted area. He also said White was told at the 2006 meeting that lifting the deed restriction was needed to compensate for disturbing the transition area.

The DEP maintains a Web site listing of people or companies being investigated for violating environmental laws. White's case was given an initial status of "pending," and was switched to "satisfied" after he completed the changes recommended by Nystrom. The listing has since been reverted to "pending."  Nystrom's letter later said errors are made on the Web site, and the DEP "apologizes for any inconvenience this may have caused."  But Nystrom would not speak to a reporter about White's case.  On the surface, it seems like a he-said, she-said dispute, given there is no written record of statements at the meeting in 2006. But a state agricultural official who also was at the meeting said White did all he was told to do by the DEP.  Glen Van Olden, a director with the Soil Conservation District, a subdivision of the state Department of Agriculture, said White made the changes directed by Nystrom.

Van Olden also commended White on his method of setting up both the garden and a small Christmas tree farm he started to supplement his salary and his wife's income as a nurse.  "Mr. White used professionals all the way and used best management practices," Van Olden said. "That is the best use for that land -- I think a lot of government time has been wasted in a useless and worthless way."  Kathleen Caren, administrator for the Passaic County Agriculture Development Board, also worked with White and Van Olden on the horticulture. Both Caren and Van Olden said White set it up appropriately, both in terms of agriculture and for the environment.  "How can the case be remediated and closed, then opened again?" she asked. "It's a scary scenario, to think you've been told you're in compliance and then someone from the same agency says you're not." She also noted that if White adheres to the DEP's directive to protect the environment, land will be stripped. Further complicating matters, White needs the blueberries, tomatoes, eggplants, raspberries and pumpkins he's growing to sell annually in order to keep his farmland assessment -- a lower tax assessment for farmers. He has sunk all his savings into home and horticulture and said he fears he and his wife and two toddler children will have to sell.  With two years worth of "jumping through hoops," White said he is at a loss for his next step. "I thought I crossed all my t's and dotted all my i's," he said. "I don't know what else I'm supposed to do."

[Hoodat]

he said. "I don't know what else I'm supposed to do."

Try voting Republican next time.

[P-40]

I have some extra herbicide if he needs it...

[Texas Eagle]

Fave Reagan quotes:

"Public servants say, always with the best of intentions, "What greater service we could render if only we had a little more money and a little more power." But the truth is that outside of its legitimate function, government does nothing as well or as economically as the private sector. "

"The Founding Fathers knew a government can't control the economy without controlling people. And they knew when a government sets out to do that, it must use force and coercion to achieve its purpose. "

"Government is not the solution to people's problems, government IS the problem"

[Crim]

Propety rights my arse...

[metmom]

They go after the little guy cause they know he can’t fight back.

I’ll betcha developers would get a pass because of the income generated by their development.

[free me]

This is NJ, it makes no difference.

[WorkingClassFilth]

He knew about the wetland area and still bought the property for use as he saw fit - bad mistake. As long de facto control of the land is in governmental hands through the handy tool of environmental regulation, he has no rights. He's saddled with the property's tax burden and the reponsibility to uphold some bureaucrat's fiat decree. Silly serf, what did he expect?

[ricks_place]

Some private company surely has a plan for a bigger economic return and an increase to the tax base. The Jeff White “farm” should be condemned and confiscated.

[stephenjohnbanker]

Bureaucratic terrorism!

[ken21]

the right to own property

is a key issue of the

u.s. constitution.

[Mad_Tom_Rackham]

Up to ten percent property tax rate and you can’t even plant tomatoes on your property. It’s past time to be tarring and feathering. Only willing sheeple are sheared.

[Sender]

This completely upends the concept of ownership of land. This guy is even bending over backward to tend the land, plant nice plants (which animals like to eat) on the land, and yet the envirowackos want to fine him into oblivion. If he cannot do nice things, green things, with the land, he does not own it. The State owns it, and his deed means nothing. This is the kind of thing that started the Declaration of Independence.

[tina07]

eesh, my hometown...

[Nathan Zachary]

Unbelievable idiocy. Why would an idiot sign over land to these enviro-wienie groups/organizations in the first place I'll never know. What are they thinking?
And why in the world does the government even recognize them, and allow them to make their own laws outside of the law making powers of the government?

The laws of this nation are not transferable to international entities like these UN environmental protection agencies, groups, or NGO's, it is a violation of the constitution. No person regardless of ownership can trade the laws governing land ownership in this country to foreign agencies, or wacko groups outside of official government regulatory agencies, wetland protection agencies, etc.

Or can they?

It's time Americans stand up and put a stop to idiot politicians signing agreements with UN NGO and giving them the power to declare tracks of American land as "heritage sites, "wonders of the world" sites, signing over authority to alien governments (UN) of groundwater supplies, national forests, or authority over ONE INCH of American sovereignty.

It's illegal.

[LoneRangerMassachusetts]

I’ll betcha developers would get a pass because of the income generated by their development.

I’ll betcha developers would get a pass because of the income generated by their development kickbacks they give to politicians. There, fixed now.

[LoneRangerMassachusetts]

I’ll betcha developers would get a pass because of the income generated by their development.

I’ll betcha developers would get a pass because of the income generated by their development kickbacks they give to politicians. There, fixed now.

[LoneRangerMassachusetts]

I’ll betcha developers would get a pass because of the income generated by their development.

I’ll betcha developers would get a pass because of the income generated by their development kickbacks they give to politicians. There, fixed now.

[Stegall Tx]

My farm has a pond on it and one of my coworkers suggested that I check into a program his grandparents used where the Agriculture Department paid for part of the expense of developing a “wetland” on their property. He thought it was a great way to get some cash from the government.

I thought it was probably just a way to get thrown off my land some day. Between the “wetland” (the pond that fills up once every 10 years or so) and the prairie dogs, I’m sure I’ll never get to spend my retirement years on land that has been in my family for three generations.

[Rabble]

A matching fourth posting would get even more attention than your three identical posts, 5 would get even more than 4, and so on......(/sarcasm)