Ohio Wetland Real Estate Issues

Definition Definition Federal Regulations Federal Regulations Permits Permits Solutions Solutions Legal Statues Legal Statues Conclusions Conclusions

Definition Wetlands - those areas that are inundated or saturated by surface or groundwater at a frequency of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. This is the definition which is used by the U.S.E.P.A. and the U.S. Army Corps of Engineers. Wetlands - those areas that are inundated or saturated by surface or groundwater at a frequency of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. This is the definition which is used by the U.S.E.P.A. and the U.S. Army Corps of Engineers.

Federal Regulations Clean Water Act – Section 404 created a permit system to regulate the dredging, dyking, or redirection of wetlands. Clean Water Act – Section 404 created a permit system to regulate the dredging, dyking, or redirection of wetlands. National Wetland Policy reform – “net loss” National Wetland Policy reform – “net loss” Ohio defers to federal regulations but State reform is coming soon. Ohio defers to federal regulations but State reform is coming soon.

Permits Permits must be submitted to the Army Corps of Engineers. Permits must be submitted to the Army Corps of Engineers. A description of the project along with any drawling to be submitted to public record, construction schedules, purpose, and discharge estimates. A description of the project along with any drawling to be submitted to public record, construction schedules, purpose, and discharge estimates. There must be no alternative sites meeting project requirements before a permit will be granted. There must be no alternative sites meeting project requirements before a permit will be granted.

Solutions If wetlands must be transformed, there a ways to minimize the damage If wetlands must be transformed, there a ways to minimize the damage Avoidance Avoidance Mitigation Mitigation Mitigation Banking Mitigation Banking Replacement Replacement

Legal Statues Benefit/Harm – 1963 Morris Land Improvement Co v. Troy Hill Township Benefit/Harm – 1963 Morris Land Improvement Co v. Troy Hill Township Whole Parcel – 1981 DELTONA CORPORATION v. U.S. Whole Parcel – 1981 DELTONA CORPORATION v. U.S. Taking – 1986 FLORIDA ROCK INDUSTRY, INC. v. U.S. Taking – 1986 FLORIDA ROCK INDUSTRY, INC. v. U.S. No Net Loss 1987 EPA Policy Reform No Net Loss 1987 EPA Policy Reform

Conclusions Wetland development can be a costly and time consuming endeavor Wetland development can be a costly and time consuming endeavor Disclosure to Federal Agencies Disclosure to Federal Agencies Defer client specific requests from clients to their attorney. Defer client specific requests from clients to their attorney.

What will “we” see? In most cases, residential agents rarely encounter wetland issues. In most cases, residential agents rarely encounter wetland issues. We are not environmental scientists. We are not environmental scientists. Differ seller to an attorney or the Ohio EPA. Differ seller to an attorney or the Ohio EPA.