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."

[American in Israel]

The land of the once free, and the home of the bean counter.

I hate socialists...

[American in Israel]

As long de facto control of the land is in governmental hands through the handy tool of environmental regulation, he has no rights.

I have news for you, the gooobermint has taken de facto control of all land not only by the handy tool of enviromental regulation but by simple greed on tax base hike confiscation.

Serfs had more rights under King George of England than King George of today.

[Navy Patriot]

New Joisy is the organized crime state, what’d he expect?

[jonrick46]

How ironic. A person is told he cannot grow a garden in the Garden State, New Jersey. When are the people of New Jersey going to wake up and realize that the DemonRATs have destroyed the reputation of their state. Their governor is a image of a people’s government that has ran off the road without a seat belt.

[CBF]

Don’t bet on it. My Dad bought 200 acres of coastal property for development. Initially we gave concessions for wetlands and conservation easments, nearly 3 acres for every 5 acre parcel for sale, plus nearly 40 acres of untouched land as wetlands. Then he made the mistake of moving a couple of trucks of sand to dig an additional septic tank, originally required by the state. Well, 5 years and 2 million dollars later, (no court case mind you while the development was put on hold for 5 years by the mere threat of legal action by the state), the lawyers and insurance company have finally reached a settlement with the DEP and Civilian Corps of Engineers. Meanwhile the sand is back in the damn hole and the fish have herders!

[Liberty Wins]

The biggest difference between the U.S. and the old Soviet Union is that Americans haven’t discovered yet the only way to get cooperation from the bureaucracy is to grease the wheels with a generous payoff slipped under the table.

[metmom]

LOL! That, too.

I was actually thinking tax income when I wrote that, but it kind of equates to kickbacks to politicians, too.

[metmom]

Not to mention mosquitoes and mosquito borne diseases like EEE.

[Logophile]

"That is the best use for that land -- I think a lot of government time has been wasted in a useless and worthless way."

Worse—a lot of citizen time has been wasted in a useless and worthless way.

[sergeantdave]

Welcome to fascist America where unelected communist bureaucrats will tell you how to use your private property for the Marxist common good, as determined by the state.

Now the best Marxist use of your private property may change from day to day or hour to hour, but sufficient fines and seizure of your property should compensate for your failings to follow any arbitrary and capricious illegal regulations unaccountable bureaucrats may write.

This harassment of law-biding Americans will continue until these Nazi bureaucrats actually suffer serious consequences for their illegal acts.

[PeterPrinciple]

Try voting Republican next time.
—
I used to think that helped.............

[shhrubbery!]

I was curious about whether Passaic County was republican or democrat, having thought it leaned democrat. I looked it up, seems a bit of both.

Right. The congressional district that includes upper Passaic is oddly shaped -- a piece of it extends into northwest Jersey.

That district consistently elects Scott Garrett, who is a great Republican congressman.

OTOH, Paterson is also in Passaic County. Paterson (which in my family is called "terrorist central") elects some of the worst --like the execrable Bill Pascrell.

Do you remember Congressman Mike Pappas? He was a great Republican and was elected in Mercer County --Princeton etc. Unfortunately, he sang the song "Twinkle Twinkle Little Starr" on the floor of the House, and his wretched Dim opponent Rush Holt played a recording of it endlessly in campaign commercials. That was the end of Mike Pappas.

What you said about Bergen County is true too.

It's Morris, Sussex and Warren Counties I'm mainly talking about. All three have their Dim pockets but are reliably Republican.

[WorkingClassFilth]

I agree that we’re on the verge of a population doubling, but I do not agree that that is the reason behind much of environmental legislation. That certainly is tendered as a reason,however. Fact is, the net change for development land use in this country is not all that large compared to the total acres that could be used. The pressure is in a few large urban centers in each state. The drivers behind regulation are international treaties on the environment and the global loyalties of our “leadership.”

In the last few decades, the air, water and soils in America have gotten measurably cleaner with each passing year. Further, we produce more food with less land each year. Our forests, despite cutting, have produced more biomass than was lost every year since WWII. We have 72% of the forested acres (not the same ones) that were here when Columbus landed. All, with increasing population and their material demands.

No, the de facto control of your land is courtesy of something the Founders feared and hated - well meaning authority run amok.

[Zon]

Jeff White stepped forward to become surety for the JEFF WHITE corporate fiction. JEFF WHITE was being addressed by the court -- not Jeff White. 

Big mistake that virtually everyone makes.

A court order or police acting for they court must identify the JEFF WHITE fiction before any summons, traffic ticket or court order can be served/attached to it. Since fictions are not living beings they cannot speak or move 

Jeff White never signed a contract that obligated him to perform as surety for the JEFF WHITE corporate fiction.

Within five days after Jeff White's birth the registrar at the hospital sent the birth certificate to the State Registrar. The State Registrar recorded the birth certificate and the JEFF WHITE corporate fiction was created and bond attached. The liability bond is similar to the commercial liability bond a Sheriff stands on when performing his official duties. Except...

Except for one very important difference. The Sheriff took an oath and entered into contract  knowingly, voluntarily, and intentionally. Jeff White didn't. Jeff was held by adhesion to the contract that he was ignorant of. It was his coming forward that his spoken name Jeff White was intentionally misconstrued to be JEFF WHITE the corporate fiction.

In common law Jeff is his chosen/given name and White is his family name. In Statutory law JEFF is the first name and WHITE is the last name.

Notice that in courtrooms and police stations and many other public buildings the US flag has a gold fringe on three sides. That identifies it as under the admiralty/maritime jurisdiction. Because that jurisdiction concerns international law congress wrote the codes into the UNITED STATES corporate laws. For the most part it's all about contract, liability and remedy in that jurisdiction. It was a blending of equity law and admiral/maritime law and they call it Statutory Law and Statutory Jurisdiction.

[nathanbedford]

Have you considered the water needs of the Los Angeles basin and Las Vegas? have you seen the New Jersey shore and Barnegat Bay which once used to be pristine wilderness? Have you tried to drive your car anywhere in Northern Virginia in under an hour? have you tried to get a camping place in Yellowstone?

Your statistics are of interest but I prefer the evidence of my own eyes.

There is a saying in the Rocky Mountains, "definition of a developer: someone who wants to build his cabin in the mountains; definition of a conservationist: someone who built his cabin last year."

When the population of America doubled in my lifetime from 140 million to 300 million or more, the pressure on the land more than doubled and regulations are not only inevitable but indispensable and desirable. We do not have clean rivers and water in America except by regulation. Industrial polluters did not have an epiphany and join hands with everyone to sing kumbaya.

It is not only the amount of people that stresses the environment but the way we live. We travel more and we use more waterby way of two examples. The land we want is in the rich and productive valleys, and on desirable beaches and around harbors where commerce can flourish. It is now gotten to the point where we are eating much less desirable land in the deserts heedless of future generations' needs for water.

My point is that winging about overreaching bureaucrats and mindless regulations is a losing battle in our population environment simply because people will accept the evidence of their own eyes and vote to regulate their neighbors in their own self interests.