Land being taken for Wetland Mitigation

[OysterToad]

Has anyone here had the State of Maryland want to take/buy property of theirs for Wetland Mitigation?
Any information on the process/compensation would be appreciated.

TIA

 

[NorthBeachPerso]

The property will be appraised and you'll get what is determined to be fair market value. You have the option of having your own appraisal done. If they differ then the offer is usually split down the middle.

Governments cannot pay above the appraisal/fair market value.

If you refuse the offer then the State can file a Notice of Condemnation and go to an eminent domain hearing. If they win (and they almost always do) the Judge will order you to transfer the land for what is the FMV and you'll get that check.

 

[Gilligan]

I was not aware that Maryland could/would take private property for the purpose of satisfying wetland mitigation requirements.

 

[NorthBeachPerso]

I was not aware that Maryland could/would take private property for the purpose of satisfying wetland mitigation requirements.

If it's for a road or something. Or mitigation may not be the right word.

I'm waiting for one of our resident "experts" to get on and tell us how eminent domain is unconstitutional although it's written right in the Constitution.

 

[OysterToad]

I was not aware that Maryland could/would take private property for the purpose of satisfying wetland mitigation requirements.

They do if it is for their mitigation. It's for a road as NBP stated. They do not do it for private persons or entities.

 

[Gilligan]

If it's for a road or something. Or mitigation may not be the right word.

Wetlands Mitigation is a major program in the state. In very simple terms, If you..I..anyone...is permitted to do "something" that would reduce the acreage of identified wetlands, we are required to "mitigate" that by various approved methods of creating/restoring an equivalent area of wetland to an approved standard. Maryland is in the process of revising how that is all managed, transitioning to a "mitigation bank" approach favored by the Federal gummint. But as far as I know...while the state can in some cases contribute to defraying costs associated with some mitigation projects, I've never heard of private property ever being "taken" for that purpose.

The SHA (reportedly) has a fairly large deficit in the mitigation pool (meaning they've done highway/road projects that destroyed wetlands and have a number of acres they are on hook to create "somewhere" in the state) and I've been trying for several years to see if some of that obligation could be applied to an island in 7D that is fast eroding away. Have never gotten anywhere with that. That might be also because there are separate pots for tidal and non-tidal wetland tracking.

 

[Gilligan]

They do if it is for their mitigation. It's for a road as NBP stated. They do not do it for private persons or entities.

I was still typing when you posted this. As I noted..I've had zero success trying to hook my wagon to that train. Keep us posted on what you find out. At the moment I'm working with MDE, DNR and Army Corps of Engineers on promoting our island as a suitable candidate for "beneficial use of dredge spoil" and, if that is successful, will at the same time create 5-10 acres of new salt marsh.

Is property of yours what they want to take? Or are you, like me, trying to get them interested in a project on "my" property?

 

[NorthBeachPerso]

Wetlands Mitigation is a major program in the state. In very simple terms, If you..I..anyone...is permitted to do "something" that would reduce the acreage of identified wetlands, we are required to "mitigate" that by various approved methods of creating/restoring an equivalent area of wetland to an approved standard. Maryland is in the process of revising how that is all managed, transitioning to a "mitigation bank" approach favored by the Federal gummint. But as far as I know...while the state can in some cases contribute to defraying costs associated with some mitigation projects, I've never heard of private property ever being "taken" for that purpose.

The SHA (reportedly) has a fairly large deficit in the mitigation pool (meaning they've done highway/road projects that destroyed wetlands and have a number of acres they are on hook to create "somewhere" in the state) and I've been trying for several years to see if some of that obligation could be applied to an island in 7D that is fast eroding away. Have never gotten anywhere with that. That might be also because there are separate pots for tidal and non-tidal wetland tracking.

You didn't have to simplify it for me.

I will tell you that you may have a bit better luck now (although I don't know the last time you talked to anyone) that there are new faces in the various departments in Annapolis. They've more or less been told to stop ####ing around with people whether it's permits, or approvals or Critical Area issues since things pretty much ground to a halt when O'Malley's people were in office.

 

[Gilligan]

You didn't have to simplify it for me.

I will tell you that you may have a bit better luck now (although I don't know the last time you talked to anyone) that there are new faces in the various departments in Annapolis. They've more or less been told to stop ####ing around with people whether it's permits, or approvals or Critical Area issues since things pretty much ground to a halt when O'Malley's people were in office.

Last meeting was about four weeks ago. And DNR folks are being very supportive and helpful. The biggest hurdle is the need to coordinate and cooperate between various state, federal and even local agencies to make it all come together. We are also being assisted by the firm that is doing all the pre-survey and engineering work for the new Potomac River bridge. The have something between 240,000 and 300,000 cubic yards of dredge spoil they are going to have to move for that project.

In a nutshell, we're jumping up and down and waving our arms trying to get the attention of any/all state people involved in wetlands mitigation because to save what's left of our island (it was about 60 acres when I was a kid...down to maybe 30 now and eroding faster all the time, it seems) we need to create a "buffer" marshland around nearly half the perimeter of it.

And to this day, I've still not tracked down hard details on how the state manages the SHA wetland deficit or what, if anything, ever gets done about reducing it.

 

[NorthBeachPerso]

Yeah, trying to get all those moving parts together is like herding cats.

 

[OysterToad]

I was still typing when you posted this. As I noted..I've had zero success trying to hook my wagon to that train. Keep us posted on what you find out. At the moment I'm working with MDE, DNR and Army Corps of Engineers on promoting our island as a suitable candidate for "beneficial use of dredge spoil" and, if that is successful, will at the same time create 5-10 acres of new salt marsh.

Is property of yours what they want to take? Or are you, like me, trying to get them interested in a project on "my" property?

Its property of mine they want to take. They are widening the the road and need to mitigate wetlands and I'm on the road they are widening.
They are also going to take land for the widening, which I do not mind but to take good productive farm land and hunting land from me for wetlands is going to be a problem especially since the State of Maryland owns 1600 acres across the road and they do not want to use that.

 

[Gilligan]

Its property of mine they want to take. They are widening the the road and need to mitigate wetlands and I'm on the road they are widening.
They are also going to take land for the widening, which I do not mind but to take good productive farm land and hunting land from me for wetlands is going to be a problem especially since the State of Maryland owns 1600 acres across the road and they do not want to use that.

Ouch.

 

[lmor]

Last meeting was about four weeks ago. And DNR folks are being very supportive and helpful. The biggest hurdle is the need to coordinate and cooperate between various state, federal and even local agencies to make it all come together. We are also being assisted by the firm that is doing all the pre-survey and engineering work for the new Potomac River bridge. The have something between 240,000 and 300,000 cubic yards of dredge spoil they are going to have to move for that project.

In a nutshell, we're jumping up and down and waving our arms trying to get the attention of any/all state people involved in wetlands mitigation because to save what's left of our island (it was about 60 acres when I was a kid...down to maybe 30 now and eroding faster all the time, it seems) we need to create a "buffer" marshland around nearly half the perimeter of it.

And to this day, I've still not tracked down hard details on how the state manages the SHA wetland deficit or what, if anything, ever gets done about reducing it.

What new Potomac River Bridge? Where?

 

[officeguy]

What new Potomac River Bridge? Where?

Replacement of the Nice bridge. The plan is to build the new bridge next to the old one.

 

[huntr1]

Replacement of the Nice bridge. The plan is to build the new bridge next to the old one.

Did the navy agree to give up the property on the VA side for the landing, or are they going to put it on the up stream side and take out part of the park?

 

[officeguy]

Did the navy agree to give up the property on the VA side for the landing, or are they going to put it on the up stream side and take out part of the park?

The selected alternative goes from the Aqualand Marina to the wayside park on the VA side. don't know if they plan a replacement for the park.

But hey, we'll have a bicycle path. For the three or four people per year who need to cross that bridge by bike.

 

[Gilligan]

But hey, we'll have a bicycle path. For the three or four people per year who need to cross that bridge by bike.

 

[itsbob]

Governments cannot pay above the appraisal/fair market value.

That may be true in MD, I don't know.. but it's not in other states.

In other states people would pray for a state road project, or Anything where the state would take their property as the state would pay 125% of the appraised value..

 

[NorthBeachPerso]

That may be true in MD, I don't know.. but it's not in other states.

In other states people would pray for a state road project, or Anything where the state would take their property as the state would pay 125% of the appraised value..

You're correct. It's a Maryland thing. The process is also sometimes different in other states.

 

[BernieP]

If it's for a road or something. Or mitigation may not be the right word.

I'm waiting for one of our resident "experts" to get on and tell us how eminent domain is unconstitutional although it's written right in the Constitution.

They do if it is for their mitigation. It's for a road as NBP stated. They do not do it for private persons or entities.

The constitutionality of eminent domain isn't the question, it's how it's applied. When a developer gets the state to exercise eminent domain for their profit, that's when it's a constitutional stretch. "Stretch" because they would claim the private development was for the public good.