Can you build a house on Marsh land?

[minnieandmickeymouse]

There is 22 acres for sale in my country town I live in. It's only $34,000. 100% wooded, there is alot of marshy land on there. We have tried to walk through the woods to look at it. Some areas look good to build on. We'd like to clear out 3-4 acres of trees on the land where our home would be, and maybe also bring in some dirt to raise it some. It has been raining way more then normal around here the last month, so we think the land is actualy more wet then it normally would be. It's suppose to be dry for 4 days in a row, so we will be going back again this sunday to look at it again.

Has anyone build a home on marshy land? Is there a way to dry up the land?

 

[mickeyfan2]

WDW was built on a swamp, so it can be done. It will be costly to do. Also you will need to check and see if it is protected wetlands. I would be worried about the freezing in the Vermont winters. The driveway would be costly to put in and it maybe ruined the first winter. If it was me I would not consider it.

 

[Geoff_M]

I'm no expert, but I do know that can be next to impossible to build on "wetlands" in most places. Your only bet is to contact you state authorities (Dept. of Natural Resources, Dept. of Environmental Quality, etc.) first and ask them. You may also find that federal regulations (through the EPA) may block any efforts. It's also worth noting that land doesn't have to look like a marsh or swamp to be considered a "wetland". Often there are definitions such as "If the water table is less than X feet from the surface for more than Y months of the year", then it's a protected "wetland" even though the surface appears "dry". If the price seems very low compared to other lots in your location, that may be a signal that its use may be restricted by regulation.

WDW was built on a swamp, so it can be done.

However, environmental regulations are night and day compared to when WDW was finished. For example, Disney is now "handcuffed" in what it can do with their "Tree House Villas" due to the fact that the land it sits on is now considered a "wetland" and therefore no further development may take place. All that they can do there is maintain the "grandfathered" structures.

 

[minnieandmickeymouse]

It's not being protected, it's being sold to be build on. Although it hasn't been perk. tested by anyone, so that isn't even known. It's marshy in some places, more dry in others. I just talked (again) with the realitor. She said dirt can defintetly be brought in. I'm just not sure I or my DH want to spend the money on a perk. test, and have it not be able to have a sewer on it, and all that. I think we will be passing on this land. She also said we can put drains in it if we want to dry it up.

It sure is harder then I thought to find land to build on. Even with all this empty space in Vt!!

 

[Geoff_M]

It doesn't have to be a park or a preserve in order to be protected. By "protected", I mean that current laws would prevent it from being developed. There have been lots of people that have bought empty lots from private individuals only to find during the permitting process, and or associated testing, that wetland regulations would prohibit development.

One piece of advice I can reliably give is: "Don't take the Realtor's word for it."

I'm looking for a reference from your state, but in the mean time here's a good primer from Wisconsin: Learning property limitations is critical before purchasing land

Update: Here's a wealth of information from Vermont's Dept. of Environmental Conservation: Wetland Fact Sheets

 

[Luv'sTink]

When you file for permits you will have to supply certain drawing and reports and that is when you will find out if you can fill in the "marshy" areas which could be wetlands. They will tell you that you can build here but not here and all this would be after you bought it. Unless you get an inspection before so you know what your dealing with going in.

My Brother just bought a piece of property, 3 acres, that has wetlands on it. He built his house away from the wetlands because there was enough room but he cant touch the wetlands. What I think is going to be bad is that he is going to end up with mosquitos because of the water on the wetlands, yuck!

 

[BillSears]

The only thing I could think of when I saw this was a Monty Python quote:

"Listen, lad. I built this kingdom up from nothing. When I started here, all there was was swamp. Other kings said I was daft to build a castle on a swamp, but I built it all the same, just to show 'em. It sank into the swamp. So, I built a second one. That sank into the swamp. So, I built a third one. That burned down, fell over, then sank into the swamp, but the fourth one... stayed up! And that's what you're gonna get, lad: the strongest castle in these islands."

 

[Geoff_M]

"She's got HUUUUGE... Tracts of land!"

 

[Tiggeroo]

you can have a contingency sale where you purchase with a small deposit contingent on your being able to obtain permits. That is how it's handled here in NJ where we have alot of protected wetlands.

 

[minnieandmickeymouse]

you can have a contingency sale where you purchase with a small deposit contingent on your being able to obtain permits. That is how it's handled here in NJ where we have alot of protected wetlands.

This is what the realator told me we should do if we did want it.

But we don't. it's too complicated. We're still looking, and we only just started.

 

[minnieandmickeymouse]

We have some swamp on our land that we have now, it's a very small one, and believe me, if we choose to stay here (we've lived here for 8 years already) it will be getting filled and dried up, slowwwwwly. I don't care what the laws say, it's OUR property. My FIL has been slowwwwly doing the same to his property, and his swampy area was alot bigger.

 

[Geoff_M]

I don't care what the laws say, it's OUR property.

That's unfortunately a very narrow understanding of property rights. While it may be true that you are the owner of record of the property, those rights are never absolute. When we speak of "owning" property, what we are mostly refering to is the legal concept of "surface rights". Underneath your property are water resources that are usually legally communal. Many properties usually draw from the same aquifer. Anything that impacts those water resources, and its quality, can have effects beyond your property lines. If think this isn't the case, then try turning your property into a waste dump and see what happens when chemicals start to leach into the ground water. Also, I obviously don't know the hydrology of your area, but fulling in a wetland can have reprecussions such as a neighbor's well going dry as filling in a wetland can impact an aquifer's recharge rate.

You'll probably avoid detection by sneaking it over time, but there have been plenty of people that have been fined, ordered to restore a wetland, or even had their new home demolished when they've attempted to exercise what they think is their unalienable absolute property rights with regard to state and federal water protection laws and regulations.

 

[stevenpensacola]

Can you build a house on Marsh land?

Around here, if your uncle is a county commissioner, or you're a developer with the right connections, you can seemingly build anywhere you want....

but if you're a peon who just wants to build a pond in your backyard, look out for the red tape.

 

[sajetto]

One thing that hasn't been mentioned is the SEPTIC TANK. If the ground won't perk, no septic, and most environmental health specialists are by the book. They aren't going to approve you for one if they know its going to fail in the next 3-5 years. The waste water department may be a pain for contractors to deal with, but they are only trying to look out for the homeowner in the long run. From what I've learned from guys in the septic and building buisness I would NEVER build on any kind of wetland nor would I build within 5 miles of a wetland. Its just too risky.

 

[sharbear]

That's unfortunately a very narrow understanding of property rights. While it may be true that you are the owner of record of the property, those rights are never absolute. When we speak of "owning" property, what we are mostly refering to is the legal concept of "surface rights". Underneath your property are water resources that are usually legally communal. Many properties usually draw from the same aquifer. Anything that impacts those water resources, and its quality, can have effects beyond your property lines. If think this isn't the case, then try turning your property into a waste dump and see what happens when chemicals start to leach into the ground water. Also, I obviously don't know the hydrology of your area, but fulling in a wetland can have reprecussions such as a neighbor's well going dry as filling in a wetland can impact an aquifer's recharge rate.

You'll probably avoid detection by sneaking it over time, but there have been plenty of people that have been fined, ordered to restore a wetland, or even had their new home demolished when they've attempted to exercise what they think is their unalienable absolute property rights with regard to state and federal water protection laws and regulations.

Geoff, you know alot about wetlands. You must work with this quite a bit. My DH in his job works with the MDEQ (is that right?) and knows a lot about wetlands. I don't know much about wetlands but my BIL bought a waterfront lot that had wetlands. The property was quite valuable and not all of the property had wetlands. I know that the lot was dicey and the house could be only so big because of the septic system and they had to protect the wetlands and could not build on the lake. They have a very nice cottage with a boardwalk out to the lake.

If you fill in your property and the DNR finds out, you will be penalized and expected to return that land to it's orginal state, not an easy thing to do. I have heard stories of people with lakefront property who have done this and they have faced hefty fines.

Wetlands and protecting them is something that is somewhat new. Not everyone knows what the rules are and if it is buildable or not. I would not rely on the advice of the real estate agent. I would go to your County planning commision and ask them about this situation.