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Attorney recommendations wetland mitigation and servitude issues.

Posted on 3/20/23 at 7:46 pm
Posted by MoClassy
Member since Jul 2021
30 posts
Posted on 3/20/23 at 7:46 pm
Need recommendation on attorney to counsel on rights of property owner vs parish government on wetlands determinations and lack of documentation from parish government.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167258 posts
Posted on 3/20/23 at 7:47 pm to
Good luck beating the wetland mafia in LA. It's a scam.
Posted by Shepherd88
Member since Dec 2013
4586 posts
Posted on 3/20/23 at 7:50 pm to
Posted by Piebald Panther
Member since Aug 2020
477 posts
Posted on 3/20/23 at 7:51 pm to
So you decided to drain some low property before knowing it’s wetland status?
This post was edited on 3/20/23 at 7:52 pm
Posted by Navajo61490
Baton rouge
Member since Dec 2011
6717 posts
Posted on 3/20/23 at 7:53 pm to
If you’re in this situation it sounds like you should have paid for a wetland delineation
Posted by BabysArmHoldingApple
Lafayette
Member since Dec 2016
858 posts
Posted on 3/20/23 at 8:42 pm to
Second this recommendation
Posted by MoClassy
Member since Jul 2021
30 posts
Posted on 3/20/23 at 8:49 pm to
It is pasture land. I didn’t build or dig anything. There is significant elevation difference between house and back of acreage.My house was not in flood zone when built. Low elevation issues and drainage for surrounding properties are having issues .
That’s why I want legal counsel. Tired of being scapegoat for drainage issues I didn’t cause.
Posted by ithad2bme
Houston transplant from B.R.
Member since Sep 2008
3468 posts
Posted on 3/20/23 at 8:50 pm to
Did you check the national wetland inventory maps? If you drained or filled a wetland, then the Corps of Engineers will likely also be involved since they regulate wetlands under Section 404 of the clean water act.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65690 posts
Posted on 3/20/23 at 8:52 pm to
Perry Mason, he’s like 266-3.
This post was edited on 3/20/23 at 8:54 pm
Posted by GRIZZ
PRAIRIEVILLE
Member since Nov 2009
5214 posts
Posted on 3/20/23 at 8:53 pm to
Good luck. Let us know how it goes. Back in the early 80’s a relative turned 40 acres of cane fields into crawfish ponds. After about 10 years, he decided he didn’t want to farm crawfish anymore, so he broke the levees and let nature take its course. We recently decided to clear out some of those those 40 acres, but unfortunately we were told it’s now considered all wetlands and can’t be cleared. So, dry cane fields turned into wetlands by human hands cannot be overturned. What a fkn scam!
Posted by chRxis
None of your fricking business
Member since Feb 2008
23605 posts
Posted on 3/20/23 at 8:54 pm to
quote:

sounds like you should have paid for a wetland delineation

winner, winner...
Posted by ithad2bme
Houston transplant from B.R.
Member since Sep 2008
3468 posts
Posted on 3/20/23 at 8:54 pm to
This sounds like a floodplain issue, not a wetland issue then. Check the FIRM maps to see if you built in a floodplain, and if you did, then check to see if your parish has a floodplain administrator and permitting process you were supposed to follow.
Posted by Bmath
LA
Member since Aug 2010
18670 posts
Posted on 3/20/23 at 8:55 pm to
quote:

parish government on wetlands


The city-parish will fight with you over floodplain management and mitigation. Wetlands are federal jurisdiction and you’ll need someone well versed in Section 404 of the Clean Water Act.
Posted by BigHoss
Offshore
Member since Apr 2010
3353 posts
Posted on 3/20/23 at 8:55 pm to
You’re talking about a few different things here.

Wetlands vs civil lawsuits/natural drain rule.
Posted by Cowboyfan89
Member since Sep 2015
12715 posts
Posted on 3/20/23 at 8:55 pm to
quote:

Good luck. Let us know how it goes. Back in the early 80’s a relative turned 40 acres of cane fields into crawfish ponds. After about 10 years, he decided he didn’t want to farm crawfish anymore, so he broke the levees and let nature take its course. We recently decided to clear out some of those those 40 acres, but unfortunately we were told it’s now considered all wetlands and can’t be cleared. So, dry cane fields turned into wetlands by human hands cannot be overturned. What a fkn scam!

Not true, talk to NRCS. Effective today, EPA and Corps recognize the same Prior Converted rules as USDA.
Posted by Cowboyfan89
Member since Sep 2015
12715 posts
Posted on 3/20/23 at 8:57 pm to
quote:

Did you check the national wetland inventory maps?

Not always accurate, and not all inclusive, either.

Those maps are based on the Cowardin definition, which isn't used by any government agency when making wetland determinations.

Too many people take those maps as gospel when only about 10% is ever ground truthed.
Posted by TimeOutdoors
AK
Member since Sep 2014
12123 posts
Posted on 3/20/23 at 8:59 pm to
Have a consultant? Not sure what documentation you are looking for unless there has been a wetland determination before. I’ve always used an environmental consultant to flag them and then had Army COE and/or State jurisdiction go out with them and confirm the location. Usually end of slightly adjusting a few things as part of the process, but it’s always been straight forward.
Posted by TimeOutdoors
AK
Member since Sep 2014
12123 posts
Posted on 3/20/23 at 9:00 pm to
Is it a wetland issue or flood elevation issue?
Posted by Supermoto Tiger
Baton Rouge
Member since Dec 2010
9930 posts
Posted on 3/20/23 at 9:03 pm to
Top rated real estate attorney in Baton Rouge, is Sam Bacot
with McGlinchey Stafford PLLC.
Posted by ithad2bme
Houston transplant from B.R.
Member since Sep 2008
3468 posts
Posted on 3/20/23 at 9:03 pm to
quote:

Not always accurate, and not all inclusive, either. Those maps are based on the Cowardin definition, which isn't used by any government agency when making wetland determinations. Too many people take those maps as gospel when only about 10% is ever ground truthed.


I’m well aware, but if he had already filled it you aren’t going to be able to delineate it. At that point you are looking at NWI, historic aerials, and adjacent undisturbed areas to try to make your case that it wasn’t wetland if you can.
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