IÛªm looking for examples of problems associated with erroneous positions of wetlands setbacks.
In many states an LS is required to locate the position where the wetlands end and the uplands begins ÛÒ NOT necessarily to determine where this wetlands change to uplands ÛÒ just to locate the position that the wetlands expert (who could also be the LS if he/she has that expertise) has identified.
Examples of the type of problem IÛªm looking for is:
Someone couldnÛªt build something (driveway/structure) because that improvement would be encroaching on the wetlands setback line.
OR
Someone whose existing structure was shown as being within the wetlands setback ÛÒ when it wasnÛªt.
Examples that include links to a court case or a news article would be especially beneficial.
Our law requires the wetlands delineation to be located by a PLS - it would be helpful to have citable examples when explaining why this is in the publicÛªs best interest.
Thanks in advance.
Locating wetlands is totally different than defining wetlands.
Once the wetlands are defined and located the setbacks are usually set by the state DEP based on resource size, value and closeness to quality streams.
A setback can usually be encroached upon by wetland setback averaging. There is some sensibility in the laws.
If there is necessity even wetlands can be encroached on, usually with a 3:1 constructed wetlands alternate.
Paul in PA
