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re: Clearing underbrush on wetlands?

Posted on 2/17/22 at 10:31 pm to
Posted by TIGER2
Mandeville.La
Member since Jan 2006
10504 posts
Posted on 2/17/22 at 10:31 pm to
Is it in a neighborhood? We bought a lot in a neighborhood back in 2001 that had wetlands on it. We filed some sort of paper work and the Corps of Engineers had so many days to come out and make a determination. They never showed in the time allotted. We received A letter from the Corps saying we could proceed with our project with out the determination. Lot size is a little bigger than yours. In Mandeville, but outside the city limits. If your situation is similar, it could go the same. Good luck.
Posted by Mariner
Mandeville, LA
Member since Jul 2009
2308 posts
Posted on 2/17/22 at 10:43 pm to
It's in a neighborhood.

Someone told me the best thing to do is build your house first because inspectors out the wazzoo will visit during construction, then when its built everyone splits and you are old news. That is when you schedule bobcats to plow through the backyard and do whatever you want.

I just want to have a little bit of the wetland under brushed for aesthetics.

Posted by GREENHEAD22
Member since Nov 2009
20034 posts
Posted on 2/17/22 at 10:46 pm to
Follow that route.


Also congrats on the flooding and mosquitoes.
Posted by Bow08tie
Louisiana
Member since Oct 2011
4488 posts
Posted on 2/17/22 at 11:12 pm to
You can clear/cut the brush as long as you do not disturb the soil (like root/stump removal).
Utilizing a forestry mulcher will deposit a layer of debris on top of the existing wetland soil. The CoE may allow some amount of thin layer of mulched debris but likely not a lot.
Contact CoE for them visit your site for determination.
Posted by Cowboyfan89
Member since Sep 2015
12930 posts
Posted on 2/18/22 at 5:20 am to
Speaking as someone who has done wetland work for over 10 years, it really depends on the amount/degree of underbrushing. The entire purpose of Section 404 is to prevent the loss/conversion of wetland functions.

Let's say you have an acre of pine savanna that has very few trees on it. Underbrushing that wetland would have a substantially greater impact on wetland function than underbrushing a closed canopy hardwood forest. Underbrushing a bottomland hardwood that has very little understory anyway isn't going to cause much functional loss. Also depends on the vegetation--if it's privet or other invasive shrubs, I would take some pictures, stash them away, and then ask forgiveness rather than permission. Plant some native, adapted species in their place for a more natural look, and you could argue that you enhanced the wetland by removing invasives and reestablishing native species.

Basically, it depends on the type of wetland. But be forewarned, the Corps would require a permit if you wanted to clear a tallow tree thicket if it was on a wetland. And anyone worth their salt could argue that tallow trees have very little benefit as an invasive species.
This post was edited on 2/18/22 at 5:23 am
Posted by Doctor Strangelove
Member since Feb 2018
3108 posts
Posted on 2/18/22 at 5:48 am to
Controlled burn will clear out the underbrush.
Posted by Cowboyfan89
Member since Sep 2015
12930 posts
Posted on 2/18/22 at 6:07 am to
quote:

Controlled burn will clear out the underbrush.

Yeah, and it could also kill the overstory trees depending on species and fuel load.
Posted by Mariner
Mandeville, LA
Member since Jul 2009
2308 posts
Posted on 2/18/22 at 6:17 am to
Thanks for the info. I am going to contact the surveyor recommended on a previous post and go from there. I sent an inquiry to the local CoE.
Posted by Lonnie Utah
Utah!
Member since Jul 2012
28855 posts
Posted on 2/18/22 at 6:24 am to
Once upon a time, I did wetland delineations. Onsite vegetation was an "Occupational hazard". Anyone doing a site visit for this purpose should be ready to deal with it (if they're worth their salt).

Posted by trident
Member since Jul 2007
4814 posts
Posted on 2/18/22 at 6:42 am to
go get you a brush cutter attachment on your weedwacker and get after it.
Posted by CitizenK
BR
Member since Aug 2019
11823 posts
Posted on 2/18/22 at 6:48 am to
Drip torch right after a strong front moves through and dries things up enough to burn
Posted by offshoretrash
Farmerville, La
Member since Aug 2008
10524 posts
Posted on 2/18/22 at 6:51 am to
Fence it up and put 20 goats on it.
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 2/18/22 at 7:15 am to
Burn some down limbs and maybe your fire gets out of control.
Posted by LT
The City of St. George
Member since May 2008
5153 posts
Posted on 2/18/22 at 7:29 am to
Get some goats
Posted by Mariner
Mandeville, LA
Member since Jul 2009
2308 posts
Posted on 2/18/22 at 7:41 am to
It's a subdivision unfortunately.
Posted by Original Corn Pop
The public pool
Member since Nov 2020
547 posts
Posted on 2/18/22 at 7:59 am to
Buy a gallon of Remedy Ultra and wait for a dark night.....
Posted by Cowboyfan89
Member since Sep 2015
12930 posts
Posted on 2/18/22 at 8:10 am to
quote:

It's a subdivision unfortunately.

If it's a subdivision, it's possible any wetland impacts have already been mitigated. Depending on how old it is, you may be able to reach out to the developer and find out what they mitigated. They would have maps showing the areas that were impacted/mitigated as well.

Worth checking into before spending a bunch of money on a consultant, especially for only a few acres.

Something else to consider is an NWP. If you have mostly nonnative vegetation in the understory, and want to introduce native understory species to be more like the natural plant community, you could likely claim coverage under Nationwide Permit 27--Aquatic Habitat Restoration, Enhancement, and Establishment Activities. No mitigation required, because you are restoring, enhancing, or establishing wetland functions. In your case, if that is the route you wanted to go, it would be enhancement.
This post was edited on 2/18/22 at 8:16 am
Posted by CWS91
Baton Rouge
Member since Nov 2005
1106 posts
Posted on 2/18/22 at 8:11 am to
Can't use any mechanical equipment.
Posted by Cowboyfan89
Member since Sep 2015
12930 posts
Posted on 2/18/22 at 8:18 am to
quote:

Can't use any mechanical equipment.

Well technically, you couldn't do anything without a permit. Any removal of vegetation could result in alteration of the physical, biological, or chemical functions of the wetland. The method of removal is irrelevant--you are altering a wetland.

That's like saying you can use a shovel but not a backhoe to dig a ditch; one is more efficient, but both have the effect of draining/altering a wetland.
This post was edited on 2/18/22 at 8:19 am
Posted by BottomlandBrew
Member since Aug 2010
28317 posts
Posted on 2/18/22 at 8:21 am to
quote:

Someone told me the best thing to do is build your house first because inspectors out the wazzoo will visit during construction, then when its built everyone splits and you are old news. That is when you schedule bobcats to plow through the backyard and do whatever you want.



And then y'all will bitch about flooding problems in a few years.
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