How do I know if I have a wetland instead of a buildable lot?

Question

Aargh. Well, we bought this 1/2 acre lot on a lake from a nice couple. They had soil samples done by a reputable engineering firm and they came back good for building a home. They have the revised flood map that shows that it is NOT in a flood zone (the previous map showed that it was). All these neighbors are saying - you cannot build there, it is a bog, it is a wetland etc. Well, 10 years ago the map indicated it was in a floodway and you cannot build in a floodway. The revised map shows that it is not. I am hoping that the neighbors are all referring to what they learned about the property with the previous mapping. What do you think? If an engineering firm does soil samples etc. and it comes out good for building a house it cannot be a bog, right? Also, the ground is NEVER, not during any time of year, noticeable saturated at all. It is mainly just growing regular grass and we have been mowing it. It looks like a regular lot - help????

Answer 1

this is a serious question

i suggest you consult a reputable architect and lawyer to verify the facts before taking any decision to build a house.

it is better to spend some money then regret later.

best of luck.

Answer 2

Depending on what state you're in, there may be a state agency that regulates wetland construction and whether you need permits to place fill for building in wetlands.  They would be the same agency that determines whether it is "officially" a wetland.  There may be some county agencies as well.  In Michigan, the Department of Environmental Quality regulates wetlands, while permits and perc tests from the county determine whether the lot is too saturated for a septic tank (often a good indicator of wetlands).

Wetlands are defined in Michigan as areas where the soil holds sufficient water (even for part of the year) to support wetland plants, regardless of zoning, ownership or if those plants are actually found there (i.e. lawns and forests can still be wetlands).  It also does not need to be a floodplain in order to be a wetland.

It's difficult to be specific without know what state you're in, but here's the Michigan website for wetlands, including some guidelines to identify them:

http://www.michigan.gov/deqwetlands

Again, it's difficult to be specific without knowing your state, but I know that some states (including Michigan) are in a drought cycle that is causing some wetlands to appear dry.  They are still technically wetlands, though, and when the drought cycle ends they will become wet.  (much to the chagrin of some homeowners)

Some good indicators that it may be wetlands include:  

The soil could be described as "dark" "Mucky" or "organic" at any point in the year.

There is any point in the year when you could dig a 12"-24" hole and it would fill with water within 24 hours.  

The lot is much lower than surrounding lots, indicating that it may serve as a trap for rainwater runoff.

If the lot is on the same level as surrounding lots, those lots have only slab foundations (no basements) and septic tanks are mounded instead of buried?

Will you or your contractor have to bring in fill to raise the level of the building site before constructing the house?

Any of these answered "yes" would be an indicator that you may have a wetland.  

You could also ask the neighbors specifically where they got the information that the property is a bog.  Do they remember it having standing water or wet soil in previous years?  Could it just be dry this year because of climate conditions where it is?  Does anyone have photos that could tell you if wetland vegetation grew there at some point?  

Again, check with state and local agencies to find out who regulates wetlands in your area and find out whatever information they have.  It may be that you only need a permit to place fill and build a home there, or you may have areas of the lot that are not wetland that you can build on.  Look for wetland consultants in your area.  They can do a formal wetland delineation (get multiple quotes because the price often varies widely), or your state may have a wetland identification or delineation program to give you a formal ruling on whether it's a wetland.

Answer 3

This happens to a lot of people. They buy land, hoping to build and then get stuck with it. Often it goes for taxes or gets donated to a conservation organization.

You need a wetland consultant. He will check the soil, the vegetation, and the hydrology.  Consultants aren't cheap. They start at the lake, where the soil IS wetland soil and work inward to where it isn't. Then they flag the line between wetland and upland soil. You don't happen to be in the NY-PA-NJ-DE area do you? If so, I could recommend a good consulting firm.