Posted by Mike Abell (170.63.46.123) on August 02, 2002 at 07:48:47:
In Reply to: Spencer posted by Frank Postma on July 31, 2002 at 17:52:08:
: Check with your local Circuit Rider for a copy of DEP's "Farming in Wetland Resource Areas" and discuss the situation below are some gross generalizations.
How is this person qualifying the land as Land in Agricultural Use? Is this the main occupation, significant amount of time and expense in trying to make this venture successful?
Was this Wetland "in agricultural Use" i.e. actively farmed or maintained? or was this marsh/wooded swamp, etc?
Very critical question; if the area was a field that was being maintained in agricultural use minor amounts of fill to keep it in production is Normal Maintenance.
For example, Corn is a very "thirsty" crop -large stomata so a lot of evapotranspiration goes on so it is more economical to place a cornfield in what would have been a wet meadow.
However even if this were a dirt Farmer as a sole source of income, the filling of wetlands to expand production will still require a filing, though a limited project.
Dredging of an irrigation pond would fall within normal maintenance for a site that qualifies as Land in Agriculture.
Again, contact your local CR or DEP Agricultural Point of Contact for hasing out the details - Good Luck.