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Old 04-19-2012, 07:33 PM   #10
secondcurve
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Quote:
Originally Posted by shore things View Post
Pursuant to Wetlands Rule Env-Wt 303.05 (h), Hand raking of leaves or other organic debris from the shoreline or lakebed can be done without a wetlands permit provided that:
(1) At the time raking is done, the area raked is exposed by drawdown; or
(2) Raking does not disturb vegetative roots and is limited to 900 square feet of area.

Please note that this provision is limited to leaves and organic debris. As soon as one starts to move soil a permit is required. There is currently no minimum impact provision for any excavation or fill within lakebeds. The standard application route is the only one available. If one is removing less than 20 cu yd of material, the project is classified as a minor impact project. If one is removing 20 cu yd or more then the project is classified as a major impact project and requires Governor and Executive Council approval. Any application to place fill such as sand within the lakebed is automatically classified a major and in need of Governor and Executive Council approval as well.
Unfortunately, while well intended, the rules have gone way overboard and defy logic with their complexity. For years the state allowed folks to build monster homes (small castles many would say) like the Baher Estate with heavy clear cutting and sweeping lawns. Now folks have to stop and think about raking up a few leaves from the front of their properties. My cousin wanted to put a perched beach in front of his home. I think he had something like 300 feet of water frontage and the small perched beach (maybe 30 feet across) was positioned right in front of the house in the center of property. The state made him start with a survey before installing the perched beach!! It cost him a small fortune!
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