Re: Arnold MD Development

Ellen Paul (epaul@dclink.com)
Mon, 26 Oct 1998 16:48:39 -0500 

Dear Marcia,

There are plenty of things that they will have to do to get started. 
Most COULD be done by a determined individual without a lawyer, but it
would be much, much easier to have a lawyer do some of the things I'm
going to suggest.  So, the question I have for the Fischbachs is how
much time and effort and money they want to invest in this.

If the property was "slated for a sanctuary" or some other form of
preservation, that could mean that either:

(a) There is some restriction in the deed to the present owner or even
in an earlier deed.  Someone will have to find and read those deeds. 
Easiest for a lawyer.

            -OR-

(b) there is some planning/zoning for the site that would prevent its
development.  This is less likely than (a), since it was apparently
owned by a developer (they don't usually buy land that they aren't
allowed to develop) who went bankrupt.  Someone will have to check the
zoning for the site, as well as any exceptions that have been granted
over the years.  Some counties have a master plan providing for open
areas, conservation easements, etc., but they generally implement those
plans with zoning changes.  Again, it would be easiest for a lawyer to
check these things.

If neither of those conditions exist, then it could be extremely
difficult if not downright impossible to prevent the developer from
doing what he has a right to do.  Short of trying to buy the land from
him.  And generally working with him to plan the development in such a
way as to leave standing as many healthy trees as possible, as much open
space as possible, etc.

Another possibility to at least slow the development down is to be sure
that he has a permit to fill in the pond (assuming that's what he is
planning to do).  However, this is also tricky, since there was a recent
court decision that wetlands permits aren't required for waterbodies
that aren't "connected to the waters of the United States," i.e.,
navigable waters.  So isolated ponds aren't subject to the Clean Water
Act permitting requirements.  And, to make matters worse, that case came
out of Maryland, so it isn't as though you can hope that a different
circuit will see things a different way.

Hmmm.  Anne Arundel County.  Some of it may be critical area.  (shows
what I know about Maryland geography).  That's definitely worth looking
into.

Please feel free to contact me or have the Fischbachs contact me for
more information on any of these ideas.  

Ellen Paul
(301)986-8568

(see what happens when a former lawyer decides to use her powers for
good rather than evil?)


-- 
Ellen Paul           
Executive Director
The Ornithological Council
Mailto:epaul@dclink.com
Ornithological Council Website:  http://www.nmnh.si.edu/BIRDNET
"Providing Scientific Information about Birds"