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Message
Wetlands Mitigation - 101
Posted on 12/14/16 at 8:34 am
Posted on 12/14/16 at 8:34 am
I have a few parcels of land on my radar for a business development, some of which have acreage with small portions tagged with Wetlands designations (example: "Classification: PFO1A"). I'm new to the game and I'm trying not to spend too much time on parcels that are hopeless in terms of mitigation cost. Trying to separate the wheat from the chaff, so to speak.
I already have a call into the U.S. Fish & Wildlife Service to get feedback. Hoping someone could provide a short list of Wetlands designations that I should simply steer clear of along with designations that are basically benign and would not pose issues that would be considered "deal-killers". Thanks in advance...
I already have a call into the U.S. Fish & Wildlife Service to get feedback. Hoping someone could provide a short list of Wetlands designations that I should simply steer clear of along with designations that are basically benign and would not pose issues that would be considered "deal-killers". Thanks in advance...
5
Posted on 12/14/16 at 8:49 am to tigerpawl
Where is the land? Parish?
Posted on 12/14/16 at 9:50 am to tigerpawl
quote:
Hoping someone could provide a short list of Wetlands designations that I should simply steer clear of along with designations that are basically benign and would not pose issues that would be considered "deal-killers". Thanks in advance...
You can make an offer that is contingent on the land not containing more than a designated percentage that is deemed wetlands in need of mitigating. That will buy you time to get a wetlands assessment for the property and go from there.
Just guessing can get you in trouble because I have seen them determine stuff to be wetlands that was just asinine. One example was a small piece of land that was not considered wetlands forever previously because a farmer had been draining his rice field illegally onto the land next door that caused that portion of land to now meet the criteria.
Posted on 12/14/16 at 10:21 am to stout
I've been looking at some waterfront residential lots in Florida and it's been almost a year but there was an agency that was super useful. They worked for the state and covered like 4-5 counties. I want to say it was under the Dept of agriculture? Anyway, they were super helpful and they all sounded pretty bored and would talk as long as I wanted. They even offered to meet me on site to take a look.
Posted on 12/14/16 at 10:45 am to tigerpawl
Whatever is classified as a wetland make a 30-50' buffer around that and treat it as land you don't get to use when looking at it. When you decide on a parcel make the purchase contingent on a wetland assessment. The assessor will be able to walk you through what you can and cannot do as far as mitigation is concerned in that jurisdiction.
Posted on 12/14/16 at 12:10 pm to tigerpawl
Definitely get it checked out before making assumptions and buying anything. We once had to mitigate an old fence on a place that we bought because it had been allowed to grow up in trees, was considered abandoned, and thus reverted to a wetland designation.
Also, land has use classifications according to soil type, elevation, likelihood of flooding, etc. Years ago, when new levees were still being built, land would usually be bumped up a class due to it no longer being flood-prone. Usually. Some land was never reevaluated and bumped up after the levees were built and is still considered a part of the lower classifications. This can have a significant impact on insurance and regulations and can be a major PITA to have changed, so do your due diligence.
I'd recommend using the NRCS Web Soil Survey to check out the land you're interested in. It's pretty up to date as to the current soil classifications on a place, and you can use that to determine what rules and regulations you're dealing with.
Also, land has use classifications according to soil type, elevation, likelihood of flooding, etc. Years ago, when new levees were still being built, land would usually be bumped up a class due to it no longer being flood-prone. Usually. Some land was never reevaluated and bumped up after the levees were built and is still considered a part of the lower classifications. This can have a significant impact on insurance and regulations and can be a major PITA to have changed, so do your due diligence.
I'd recommend using the NRCS Web Soil Survey to check out the land you're interested in. It's pretty up to date as to the current soil classifications on a place, and you can use that to determine what rules and regulations you're dealing with.
This post was edited on 12/14/16 at 12:23 pm
Posted on 12/14/16 at 12:13 pm to tigerpawl
Whether it's a deal killer depends on the type of wetlands and the acreage that you plan on impacting (placing dredge/fill in). PFO1A means "Palustrine Forested" so you will likely have to purchase mitigation credits for a similar habitat. Again the acreage of your impacts determine the amount and therefore cost of your mitigation.
If you are in South LA you are likely in the New Orleans District (Corps of Engineers) which is a PITA to deal with and will take a long time to get a permit. If you are in N LA then you may be in the Vicksburg District which is usually easier and quicker.
Your best bet is (obviously) to simply avoid any impacts to the wetlands if possible.
If you are in South LA you are likely in the New Orleans District (Corps of Engineers) which is a PITA to deal with and will take a long time to get a permit. If you are in N LA then you may be in the Vicksburg District which is usually easier and quicker.
Your best bet is (obviously) to simply avoid any impacts to the wetlands if possible.
This post was edited on 12/14/16 at 12:16 pm
Posted on 12/15/16 at 9:11 am to stout
quote:
Just guessing can get you in trouble because I have seen them determine stuff to be wetlands that was just asinine. One example was a small piece of land that was not considered wetlands forever previously because a farmer had been draining his rice field illegally onto the land next door that caused that portion of land to now meet the criteria.
In Tennessee...if there are cattails, then it is considered a wetland. I've seen ditches dug on industrial sites that never had any signs of being considered wetlands before. After a few years, cattails start popping up...boom, wetland designation which created headaches in regards to the stormwater pollution prevention plans.
Posted on 12/16/16 at 5:17 am to Freebird11
quote:
Freebird11
Good info in that post and COE NOLA response time was as slow as legal or geologic time.
I don't think it's changed.
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