The other issue is what were they doing with the storm water pond? If they were "cleaning it up" but not interfering with its function to collect and control storm water runoff from the development, then they are probably OK -- but if they were either eliminating it, filling it or otherwise reducing its ability to collect stormwater, then the county storm water management people should be contacted. Even if you just think it might be reducing effectiveness for stormwater control, give them a call.

We had a similar situation near us -- on a construction site, filling in a water catchment basin -- and it turned out they were in violation -- several neighbors called the county and they send an inspector out, and in a few days the stormwater pond was back.

Re the birds etc., if there were active nests, then technically it is a violation of the "takings" provision of the MBTA. Proof is needed to prosecute, but that shouldn't stop you from writing a letter to your development management and telling them that the environmental damage was unacceptabe and a probable violation of a federal law. And that such activities should be confined to non-nesting season.

I should add that aquatic vegetation increases the ability of a stormwater pond to control nutrients and toxics. Removing them is actually a negative thing -- unless the pond is so choked with plants that it is filling up (which does happen).

Gail Mackiernan
Colesville, MD

(formerly, EPA Chespeake Bay Program)



 -------------- Original message ----------------------
From: Jonathan Balcombe <>
> Dear all,
> 
>  
> 
> Elise Kreiss's message about downed barn swallow nests mentioned possible
> violation of the Migratory Bird Act. Recently I discovered that property
> management in my Germantown development had cleared and leveled a
<snip>