March 6, 2020 – The Agency of Natural Resources Department of Environmental Conservation (DEC) announced today that John and Amy Saar were fined $6,750 for clearing trees and placing fill within a wetland and its 50-ft buffer on their property on Harbor Road in Shelburne.
Vermont’s wetlands provide many valuable services to the public and environment including water storage during flood events, water quality protection, habitat for fish, wildlife, and plant species, and recreation. Development activities conducted in or near wetlands have the potential to harm these important services and habitats. Vermont law requires a wetland permit for any activity within significant wetlands or their buffer areas. DEC reviews activities, such as clearing and filling, conducted in or near wetland and permits those activities that will not cause undue harm to the wetland.
In the winter of 2016-17, the Saars began constructing an access drive on their property that included clearing trees, disturbing earth, and placing fill within a wetland and its 50-foot buffer area. Although they ceased construction activities after DEC notified the Saars of the permitting requirements, they did not get a wetland permit, remediate the impact, or restore the property. They sold the property in January 2020.
“During the development phase of a project, we provide education and consultation to landowners and developers to help them avoid and minimize impacts to wetlands,” says Peter Walke, DEC Commissioner. “However, when development projects do not get the required permits or exceed permitted wetland impact, we use a suite of tools to gain compliance, up to and including formal enforcement.”
The Agency initiated an enforcement action as a result of the violation, and the Saars agreed to resolve the matter by paying a penalty of $6,750 and restoring the impacted area to its preconstruction conditions. The new landowners have joined in the agreement and committed to maintain the impacted area in accordance with the Saars’ restoration plan. The agreement was entered as a Final Judicial Order by the Vermont Superior Court, Environmental Division on March 4, 2020.
For more information about DEC’s Watershed Management Division, including educational resources about wetland functions and values and wetland resources for landowners, visit dec.vermont.gov/watershed/wetlands.