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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5827
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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I need to know the meaning of passive recreation in wetlands

Customer Question

I need to know the meaning of passive recreation in wetlands in the state of ct. Thank you
Submitted: 7 months ago.
Category: Real Estate Law
Customer: replied 7 months ago.
I'm trying to build a playhouse for my kids but 3/4 of my property is wetlands. They think I should put in front of the house but it is not safe. If you can also send me a copy of a case that has been decided in court that has the definition of passive recreation. I would appreciate it.
Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Unfortunately, the standards for what constitute "passive recreational use" are set by the DEC in Connecticut - and they remain within the scope of administrative law (I am unaware of any case law on point at this time, or anything overturning the administrative definition).

The DEC definition at this time for "Passive Recreation" is:

  • "Such activities could include, but not be limited to: ***** ***** viewing, observing and photographing nature, walking (walking trails), bird watching, bicycling, running/jogging, climbing, horseback riding or other activities. Passive recreation use does not include: camping, picnicking or other earth intrusive activities (e.g. planting, gardening), athletic fields for organized sport programs"
Customer: replied 7 months ago.
What's DEC?
Customer: replied 7 months ago.
There is grass back there since I moved here. Can I keep it as it is?
Customer: replied 7 months ago.
Are you located in CT?
Customer: replied 7 months ago.
My wetlands have trees with vines that are killing the trees, they have mostly invasive species and the purpose of this lot is to let it be. The trees are dying and dangerous to fall. I spent a lot of money taking care of trees. Should they allow me to use the some of it to have a playhouse if I'm not causing any damage to the water course?
Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

I am going to "opt out" and allow another expert to follow up with you.

Please do not post any further at this time as it will delay the next expert's ability to follow up.

If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help

Thank you for using our forum, and I do wish you the best of luck.

Bill

Expert:  Attyadvisor replied 7 months ago.

Welcome to JA and thank you for your question.

What's DEC?

Department of Energy and Environmental Protection

http://www.ct.gov/deep/site/default.asp

My wetlands have trees with vines that are killing the trees, they have mostly invasive species and the purpose of this lot is to let it be. The trees are dying and dangerous to fall. I spent a lot of money taking care of trees. Should they allow me to use the some of it to have a playhouse if I'm not causing any damage to the water course?

Who is the "they" you are dealing with?

This is a link for information wetlands in the State http://www.ct.gov/deep/cwp/view.asp?a=2720&q=325678&deepNav_GID=1625

Customer: replied 7 months ago.
The environmental protection committee
Expert:  Attyadvisor replied 7 months ago.

The first attorney provided the definition for Passive Recreation above. Is this happening at the State or at a local level? There are ways to seek a variance for the playhouse to try to obtain permission for another location. Where in CT are you located? Are you still with me?

Customer: replied 7 months ago.
At the local level
Customer: replied 7 months ago.
I'm located in the fairfield county
Customer: replied 7 months ago.
I'll have to present to the local level now but yet to be determine. I want to gather my arguments to present to them
Expert:  Attyadvisor replied 7 months ago.

Each municipality has there own way of handling wetland situations and defining passive recreation. Have you spoken to a local land use attorney? Many provide free consultations and you would be amazed by the cooperation that comes with having an attorney.

Let me pull up Fairfield County

Expert:  Attyadvisor replied 7 months ago.

This is a link for land use attorneys that provide free consultations in your area http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/fairfield-county/connecticut

Just as an example this is a sample of the services these types of attorneys provide http://www.bayerandblack.com/Practice-Areas/Land-Use-and-Zoning.aspx

This is a link for each towns ordinances http://www.jud.ct.gov/lawlib/ordinances.htm

This link provides the laws and regulations http://www.ct.gov/deep/cwp/view.asp?a=2704&q=323512&deepNav_GID=1511

Based on the information with the invasive species and your use not causing any conflict with the water course yours is a perfect situation to obtain a variance.

Expert:  Attyadvisor replied 7 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it.

Thank you for using JA!

Expert:  Attyadvisor replied 7 months ago.

Are you still me?

Expert:  Attyadvisor replied 7 months ago.

Did you have any success at the local level?