Question

The owner of a newly purchased residential property wishes to raise horses. There is marsh in the area where he wishes to build the barn. The owner fills in about 100 feet of marsh, but doe not touch the beaver dam which he believes caused the marshland in the first place, and builds his barn. The owner :

A. can fill in the march completely as he believes that it was caused by overflow of water caused by the beaver dam.
B. is in violation of the law if he did not get the required permits and may be required to remove the building and the fill
C. was not in violation as long a he did not destroy the beaver dam and also placed a retaining wall so there would be not more encroachment of the marshland
D. can do this because marshland is not considered wetland and no permits are required to fill.

Answer 1

The correct answer is B, the owner is in violation of the law if the required permits were not obtained. This could lead to legal action requiring the removal of the barn and restoration of the marshland.

Step-by-step explanation:

The owner of a residential property who fills in a marsh to build a barn without the required permits is in violation of environmental and land-use regulations. The owner cannot fill in the marsh completely as he believes that it was caused by overflow of water caused by the beaver dam. The correct action for the owner would be to not destroy the beaver dam and also place a retaining wall to prevent further encroachment of the marshland.

In many jurisdictions, marshlands are considered wetlands, which are protected due to their ecological importance, including serving as habitats for wildlife, filtering pollutants from water, and acting as buffers against flooding. The Environmental Protection Agency (EPA) and local governing bodies typically require permits for activities that alter such areas. Without these permits, the owner could be subject to legal action, including being required to remove any structures built and restoring the marshland to its original state.