Wetlands question

You in swla? That’s not terrible. Not great either. I’ve delineated 1000’s of acres in swla and many of the soil types have 40-60%. Pimple mounded topography makes it difficult to delineate without just giving an overall percentage. You could hire a different consultant although they may come up with something higher.

If the corps has already made a determination, then it's in the books and you can get fed charges if you destroy any of it. The legal way to get rid of it is buy credits from a wetlands bank and then receive permission from the Corp to alter/destroy them. The market rate is expensive and O&G companies always buy them out and keep the rates high. What you can do is create a wetland on another part of the property, let it sit 8-10 yrs, have it delineated by the corps, and sell the credits to yourself.

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The market rate is expensive and O&G companies always buy them out and keep the rates high.

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Not at all true in Louisiana.

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What you can do is create a wetland on another part of the property, let it sit 8-10 yrs, have it delineated by the corps, and sell the credits to yourself.

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And not typically accepted in Louisiana, except under certain circumstances.

OP, from experience dealing with the Corps, if you have a determination, there's no changing it...unless it's a preliminary determination. JDs are only good for so long (5 years) regardless of status (approved or preliminary).

If you seek an Approved Jurisdictional Determination, I believe there are some appeal rights that come with that. I never had a client go through on an appeal, mostly because we never went beyond a prelim. There is more involved for an approved, and none of our clients cared about having one--most just wanted to know what they needed to do to develop the land.

Fun fact: SWLA (and one consultant in particular) is the only place I've ever seen percents used in the state. I suspect that land has some type of Savannah or prairie plant community on it, or, at the very least, the "pimple mound" geography once common to the region.

The JD should include a map showing wet, etc. Since you're on the radar I wouldn't jack with it (at least in the wet areas)just list/sell it if that's what the end goal is.

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Yes, haul alot of dirt and plant crops then call them back.

They determine wetlands by the vegetation.

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If I could only get the Corps to go along with this approach!!!!

P.S.- OP, do not do this.

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relatives wanted to cut a few trees

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Perfectly legal.

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move some topsoil around.

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Illegal. You can cut trees down with a chainsaw, but you can't disturb the soil, so removing the treetops with heavy equipment may be a problem. Absolutely no mechanized land clearing.

I wouldn't worry about the wetlands issue. It will probably sell without a problem and the developer will need to get the permit. If wetlands really caused a problem, then we wouldn't have all this development going on right now.

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Plans are to list it for sale as soon as a few title corrections can be taken care of. It is presently zoned as light industrial.

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Wouldn't do a thing with it then. You have a JD. Hand that to the would-be purchaser, and if they want to deal with it, let them.

Its on the COE radar since they determined jurisdiction. Do NOT drive any equipment within the wetland area. You may cut trees, by hand, but don't clear cut anything. Honestly 38% wetland isn't a deal killer most industrial developers won't even blind at having to mitigate those wetlands.

Don't attempt to "solve" the problem ...its been determined. Its 38% wetlands. Move on. You can't claim to not have known they are wetlands because you have a JD. The COE will hit you with a first offense $20,000 fine. Not worth it.

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Yes, haul alot of dirt and plant crops then call them back.

They determine wetlands by the vegetation.

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Might want to wait until the JD expires before doing that. Even then it's probably not smart

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You can cut trees down with a chainsaw, but you can't disturb the soil, so removing the treetops with heavy equipment may be a problem. Absolutely no mechanized land clearing.

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That's not necessarily true. For example, if the land is in timber production, you can cut it all down and replant it with no issues. As long as it's in timber production, there's no problem.

Obviously, the OP isn't talking about a silviculture operation, so that doesn't apply here and you are correct in that regard. Just thought I would point out that there are exceptions to the "no mechanized clearing" issue.