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re: US Rep says EPA trying to control private property in US

Posted on 8/27/14 at 5:01 pm to
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 8/27/14 at 5:01 pm to
Yeah I know, but they changed the formula to make it eve easier for them to classify everything as wet.
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39848 posts
Posted on 8/27/14 at 5:03 pm to
quote:

In 2005 Mike and Chantell Sackett paid $23,000 for a small piece of land on Priest Lake in Idaho. The vacant lot was zoned for residential construction, and they planned to build a modest home there.

But construction was halted shortly after it began. After they filled in their lot with rocks and gravel in order to grade it, EPA officials arrived on the property and declared that it was a protected wetlands area.

The government ordered the Sacketts to restore the land by removing the gravel, and then apply for a wetlands permit before beginning to build again. That process could take years and typically costs thousands of dollars, but the EPA said they would incur a fine of $37,500 for every day they failed to comply. The gravel-removal estimate alone was more than the couple paid for the property.

The Sacketts dispute that their home site is a protected wetland, but finding a court willing to consider that possibility was a tall order. Federal courts, including the Ninth Circuit in San Francisco, have ruled not only that the Sacketts must comply with the EPA’s orders, but that they may not challenge the government agency in court at all.


A bit old and possibly rectified by now, but should people have to deal with this type of thing?
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134840 posts
Posted on 8/27/14 at 5:04 pm to
quote:

hat's where it's vague, in the past it has not been construed as some of those.


Yeah, I got out of the wetland delineation game just as the Rapanos rulings and guidance were being rolled out to the private sector. I went to one presentation and it didn't go over well with the people in the audience. It all seemed very vague and subjective.
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
39848 posts
Posted on 8/27/14 at 5:04 pm to
Partial rectified. They won in the SC 9-0. They are allowed to challenge the EPA.

However, 9 years later, they still haven't been able to build yet. LINK
Posted by mmcgrath
Indianapolis
Member since Feb 2010
35360 posts
Posted on 8/27/14 at 5:12 pm to
quote:

Sounds really like a tin hat deal

Ya think? The US Government is in possession of detailed maps of the US. Mind blown.
Posted by RCDfan1950
United States
Member since Feb 2007
34857 posts
Posted on 8/27/14 at 5:14 pm to
I've heard that one can fight and win against a newspaper that buys ink by the barrel...and even more likely...a organization that prints money by the trillions.

Between a rock and hard place. Government...hard to live with it...harder to live without it. Bend over.

Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 8/27/14 at 6:08 pm to
quote:

Which means tributaries, ditches, sheet flow from parking lots?

Only if they provide a "significant nexus to navigable waters".













Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 8/27/14 at 6:11 pm to
quote:

So, what have you done about it?

Got drunk.
Posted by tiderider
Member since Nov 2012
7703 posts
Posted on 8/27/14 at 6:14 pm to
quote:

quote:

By controlling the water.


Because the water flowing through a creek is the "private property" of the person who owns the land around it.

sure



you seem to have a career (i don't know what but i think it might be some type of science) that requires a great deal of intelligence, but your posts are filled with 3rd grade ability ... maybe i'm just wrong, tho ...
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 8/27/14 at 6:16 pm to
"Background: When USACE announced
the roll out of the updated National Wetland
Plant List (NWPL) in May 2012, it was noted
that periodic updates would occur as
taxonomy or nomenclature changed, new
species were identified, or re-evaluation of
uncertain status ratings by interagency
regional panels of botanists were
performed....the updated list contains 8057 plant species, an increase of 120
species, based on new literature."

2014 Annual Update
National Wetland Plant List


meh
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 8/27/14 at 7:59 pm to
Adding 120 plants is not my issue.

Changing the criteria on the classification system is. Switching from requiring 3 or 4 leading indicators to simply 2 to require a wetlands classification is a big deal.

Meaning a crawfish burrow and hydric soil automatically would classify it as a wetland.

He'll I have crawfish burrows in my yard when it rains hard and I'm inside of BR.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
66997 posts
Posted on 8/27/14 at 8:28 pm to
if you have a palmetto anywhere on your property, it's a wetland.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 8/27/14 at 8:36 pm to
Ironically enough, it's the very fact that so much of coastal Louisiana is privately held is precisely what will destroy it. People in the coastal zone want to build a house on a slab, and then build a levee aound their community. That's a recipie for disaster.

Then, the very thing that might save them, sediment-laden water from the Mississippi, they won't tolerate flooding their 'land'.

It's a complicated issue that will eventually be resolved for us.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
66997 posts
Posted on 8/27/14 at 8:40 pm to
There's lots of land that the people would love that Mississippi River water to flood onto, but the army corps of engineers will never let that happen because they control all rivers and navigable streams, aka, all land around any kind of water in the entire country.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 8/27/14 at 9:33 pm to
quote:

There's lots of land that the people would love that Mississippi River water to flood onto, but the army corps of engineers will never let that happen because they control all rivers and navigable streams, aka, all land around any kind of water in the entire country.

The Corps only does what Congress charges them to, nothing more, nothng less.

But no, the majority of the people living in the coastal zone don't want what it takes to save their land. Th large absentee owners? Yeah, maybe, but probably not even them because they're generally just in it for the subsurface resources.
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 8/28/14 at 11:39 am to
quote:



"While the Agency marches forward with a rule that could fundamentally re-define Americans' private property rights, the EPA kept these maps hidden," Smith wrote in his letter. "Serious questions remain regarding the EPA's underlying motivations for creating such highly detailed maps."


This reads like an Onion article.
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