Wetlands Violators Could Be Hit with Fines

Town Council members approved an Inland Wetlands Fine Ordinance by a vote of 6 to 1 on Monday night.

During a public hearing before the vote, Patrick O'Hara, who is the Planning & Zoning Commission chairman, spoke on his own behalf to express support for the ordinance, saying it is "a long time coming."

He said Monroe has a lot of watershed areas, but only had cease and desist orders to make violators comply with the regulations — an expensive procedure that requires an attorney.

O'Hara said the P&Z enacted a similar process, in which a zoning enforcement officer can issue a citation letter and fine and a hearing officer handles appeals.

"We had a dramatic drop in cease and desist orders and a dramatic increase in compliance," he said.

The process for the fines starts with a citation letter from the enforcement officer noting the violations, O'Hara said, adding it often leads to the property owner working with the officer to comply with the regulations.

"Diplomacy is the key and compliance is the goal," he said.

The Inland Wetlands Fine Ordinance sets up a procedure in which a compliance officer issues a citation letter to a property owner in violation, allowing 30 days to comply.

A minimum fine of $150 can be levied and an additional $150 fine may be incurred for every additional day the violation exists. Hearing officers will be appointed to listen to any appeals.

Flexibility of Enforcement 

In some cases, an unethical business will purposely violate a wetlands regulation because the profits exceed the fines, according to Councilman J.P. Sredzinski, who said it is far different than a homeowner unintentionally violating a regulation.

The new ordinance allows the town to levy a maximum fine of $1,000 with an additional $1,000 fine for every day the violation exists. The range allowed by state statutes is $150 to $1,000.

Sredzinski said this provides the Inland Wetlands Commission the flexibility to work with property owners who are cooperative and to enact harsher fines on the worst violators.

Sredzinski said the ordinance went through a long process and intense debate. At one point the minimum fine was decreased from $250 to $150, he said.

Councilwoman Dee Dee Martin, the lone council member voting against the ordinance, still has "serious" concerns. She expressed concern over violators who will have trouble affording to pay for the fine and over cases in which someone's compliance is delayed through no fault of their own — as the fines continue to multiply. 

Sredzinski said the compliance officer could decide to waive some of the fees in the event something such as a serious storm delays a property owner from fixing a violation.