As the regs stand now, at a federal level, developers, farmers, land owners, BASICALLY EVERYBODY who wants to put a shovel in previously “undisturbed soil” must have a survey done, by law, to get permission from the government and prove they will not adversely impact the “environment,” the wildlife or storm water control and drainage.
The problem is, you have to hire a certified company to do the work and give you this report. The problem with THAT is, each of those companies also provide “mitigation” services. So if the company you hire finds a puddle on a property that has vegetation or “life” dependent on that puddle, it can be designated a “federal wetland.” But don’t worry, there are ways to build on that spot as long as you duplicate the environment in another spot to support that dependent vegetation or life. This is basically the mitigation.
Farmers work hard to make sure the do not have standing water or erosion of irrigation ditches on their property. And just go ahead and add a pond to a small creek that runs through your property (helps storm water and provides habitat and livestock drinking water). You can’t just hire a dud and his tractor to dig a hole. No, you will have to have DNR, EPA and the Fed involved to give you permission. Land owners have been fined by the government for having beavers build damns in streams. But it is illegal to disturb a beaver damn. WTF!
Trump is right but the media will cry about him wanting dirty water and toxic rivers.
A second case....100 years ago, the farmer dug a ditch across his property...almost 3000 ft long. It drained into a creek. The DEC said the ditch was and always had been a wetland, referring to it as a tributary. They based it on their criteria for soil types. The Engineer did soil tests along the entire ditch and proved the DEC wrong. The ditch was not a wetland...only the stream at the edge of the property was a wetland. It was a big duh.
I have an area of my property that is wet for most of the year. Three intermittent streams flow into it. Many of the larger Quaking Aspen trees(1-2’ diameter) fall over in wind storms. Several are leaning against other trees creating Widow Makers.
I would like to log this area and then dig a pond. I have had a couple excavation contractors tell me not to touch it without state approval. I have contacted the town and gotten the NH State Environmental Services information on what I would need to do. I just do not think it is worth it.
The silly thing is it would entirely be on my property.