HEATH — The Heath Conservation Commission is contemplating issuing an enforcement order to the town Parks and Recreation Committee for constructing a trail in a wetland without a permit.
The Conservation Commission told the Selectboard last week that it recently became aware that the Parks and Recreation Commission had violated the Wetlands Protection Act in the summer of 2024 by constructing a trail on private residents’ property as part of a $50,000 Woodlands Partnership grant project with the town of Rowe to expand regional trails connecting the Catamount State Forest to the Mohawk Trail State Forest.
“The trail work that was done along Flag Hill Road has a wetlands violation issue on it, and there are some others along the way,” said Conservation Commission Chair Brian DeVriese. “Any work in a wetland needs to go before the Conservation Commission, it doesn’t matter who’s property it’s on, and this work was done without notifying the Conservation Commission and filing the correct paperwork.”
DeVries explained that the Recreation Committee had been working with private landowners throughout town to develop a regional trail, and had been using a map that only noted the larger watersheds in the county; however, there are many more small watersheds locally. Believing there was no watershed where they were constructing trails, committee members told property owners that Conservation Commission approval was not needed.
Some of the work done in the watershed included filling a stream bank for a trail crossing and installing a culvert, which DeVries said is too small to handle the runoff from the stream.
Conservation Commission Consultant Bill Lattrell said the commission does not want to file an enforcement order against the property owner, as he was told that all wetlands issues were taken care of, but the Department of Environmental Protection is recommending an enforcement order be filed.
While the order has not yet been drafted, it will likely include provisions requiring the town to hire a wetlands expert to oversee work to repair the site and make the culverts compliant with stream-crossing regulations.
“The town will be responsible for hiring someone to supervise the work,” Lattrell said.
The Conservation Commission plans to double check with the DEP to ensure there are no statutes of limitations in play before issuing an enforcement order, and to discuss further with the Selectboard how the violation can be remedied.