Posted by Frank Postma (216.177.15.150) on October 25, 2002 at 15:37:56:
In Reply to: Re: Spencer posted by Mike Abell on August 02, 2002 at 07:48:47:
: : 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.
Thanks Mike. I'll post the outcome of the lawsuit when it is settled.