Wetlands Public Hearing

Nearly 50 local residents attended a public hearing at Milan Town Hall to sound off to the town board about the proposed "Wetlands and Watercourses" law.The comments at the Nov. 4 morning meeting generally centered around the residents' dissatisfaction with the law, which would build on existing county and state regulations of activities that are permitted within certain distances of wetlands and watercourses.Resident Bobbi Egan read from prepared statements, saying, "We all recognize the benefits of protecting and maintaining our wetlands and watercourses. However, I take exception to regulatory actions that restrict my ability to utilize and enjoy my property."Our own Comprehensive Plan encourages the town to 'consider techniques' for protecting the physical attributes of the community."In my opinion, the town board has not considered any techniques but these: over-regulation of private landowners, excessive permit applications and fees to generate revenue for the expansion of town government."Other methods for protecting wetlands and watercourses are available. Property in watershed areas that supply the drinking water for New York City are purchased through fee title or acquired with conservation easements, not taken through regulation. Wetlands and watershed properties can be purchased or donated. Promoting new business in Milan would generate tax revenue for the town that could be used to purchase warranty easement deeds for wetland protection from property owners," Egan said in her prepared statement."Buying conservation easement, paying landowners to avoid certain practices, paying landowners a fee for providing a breeding habitat for an endangered species are all positive options that will protect our natural resources in a positive manner, not legislated by force," she said.Many comments reflected the discontent over what several residents said was "over-legislation" by the town.Jim Jeffreys cited "a penchant of the board to over-regulate. The ideas are well-meaning, but a law that needs to be two pages ends up being 24."Jeffreys said the law will lead to accusations of "spot-zoning," which could lead to further legal problems for a town government that is already facing several lawsuits from developers."We have a process, and the process works," said Jeffries."I don't think another body of legislation in our already bloated body of laws is what we need. You're micro-managing something that doesn't need to be managed at all," he said to the board.A hand-out was available for those attending the hearing, which listed many of the "prohibited," "permit required," and "no permit required" activities, according to the proposed law.Prohibited acts would include chemical dumping, construction of septic tanks, drainage of untreated storm-water runoff, maintenance of animal feedlots or pens, manure stockpiles or animal storage areas.The use of fertilizers, both organic and inorganic, would be prohibited as well.Existing vegetation could not be replaced with a lawn, and removal of healthy trees and shrubs would only be allowed by percentage.Any construction activity would require a permit, including the construction of pools and tennis courts.Renovations to existing structures and the installation of pipes, wells, service lines conduits and cables, as well as the storage of construction material, would also require a permit.The hand-out states, however, that "expansion and restoration of town, county and state roadways and structures are exempt from the permit process and are only subject to approval of plans by a "wetlands professional."Some maintenance activities would not require a permit, including the mowing of existing lawns, the removal of dead trees and vegetation, tending to existing gardens, or repairs to existing structures such as septic systems, wells, bridges, driveways, walkways, walls and fences.The law states "annual or periodic removal of trees to provide firewood for normal residential use" is a non-regulated act, as long as the trees removed amount to no more than 20% over a 10-year period.The law's purpose is to "promote the health, safety and welfare of the residents of Milan and to implement a recommendation of the Town's adopted Comprehensive Plan."Written comments are being accepted by the board until Nov. 14.At the Nov. 13 town board meeting, the board plans to set the date and time for a special board meeting at which time members will discuss public comments about the law.