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Couple hit with wetlands fine for trimming bushes
The Virginian-Pilot ^ | April 11, 2002 | CINDY CLAYTON

Posted on 04/11/2002 12:24:17 PM PDT by CFW

NORFOLK -- Doug and Tammy Nicoll trimmed the bushes on their Ocean View property last fall, worried that overgrowth could hide trespassers or trip children who play on the land beside Pretty Lake.

But last weekend's mail brought a new worry:

The Nicolls, who live at the end of 15th Bay Street, a wetlands area, said they didn't know they needed one. They've been trimming the bushes since 1994, when they bought the property. They moved to a house across the street from the lot two years ago.

To make matters worse, Doug Nicoll received a summons earlier this week to appear in court on May 7 on charges that he ``conducted regulated activity without a permit.'' If convicted, he could face a year in jail and a fine of $2,500.

``This is totally bogus,'' said an angry Nicoll, who has called his lawyer and vowed to fight.

On Wednesday, he appeared before the Wetlands Board and explained that he and his wife were never notified that the board was considering action against them. A letter from City Hall was sent to the wrong address, they said.

The city sent a letter to Doug and Tammy Nicoll informing them that the Wetlands Board voted in March to levy a $1,000 fee against them for trimming the bushes on their Ocean View property without a permit. The board agreed to rescind the ruling and allow the couple to appear at the May 8 meeting to tell their side of the story.

City officials said they weren't sure why the letter was sent to the Nicolls' previous address.

The couple acknowledged that they received a letter in December from City Hall that had been forwarded to them. The letter, from the Environmental Services office, warned that they had violated the law, but was not specific and contained confusing language, they said. It also asked them to arrange a meeting with Environmental Services employees.

The Nicolls said their calls to the office were not returned.

Wetlands laws protect tidal areas, plant life and wildlife. The laws restrict cutting or removing plants, digging, dredging and other activities without a permit.

An Environmental Services employee who looked at the lot in February and again on Tuesday said cutting the bushes could kill them. If the bushes die, he said, there also could be erosion and storm water run-off problems.

But the overall environmental impact on the lot should be minimal, said Environmental Engineer Kevin R. DuBois.

The Nicolls said they haven't seen any negative changes in the plant life through the years. They believe cutting back the bushes isn't harmful.

``You can see the new growth,'' Nicoll said.

The Nicolls describe themselves as people who love the ``wetlands, herons and egrets.'' They said they have no dispute with the board members.

``My whole problem with the system,'' Nicoll said, ``is how it was handled.''

They look forward to a chance to tell their side, they said, because they feel their right to manage and control their own property has been jeopardized.

``If people don't start fighting stuff,'' Tammy Nicoll said, ``we're going to lose every right that we have.''


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Virginia
KEYWORDS: enviralists; freetrade; geopolitics; govwatch; landgrab; nwo; wetlands
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1 posted on 04/11/2002 12:24:17 PM PDT by CFW
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To: CFW
Another moronic law established by someone who sit behind a desk and never get any fresh air to breath.
2 posted on 04/11/2002 12:36:09 PM PDT by chiefqc
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To: CFW
A law designed to harass law abiding citizens. If you pass enough laws you make everyone a criminal.
3 posted on 04/11/2002 12:38:31 PM PDT by Arkie2
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To: CFW
< beavis > heheh..heheheh....heheheheh... < /beavis >
4 posted on 04/11/2002 12:39:47 PM PDT by AppyPappy
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To: CFW
"``If people don't start fighting stuff,'' Tammy Nicoll said, ``we're going to lose every right that we have."

They need to start fighting for lower and lower taxes. Defund them outta existance."Wetland Board", my as#! They're paying for it.

5 posted on 04/11/2002 12:46:20 PM PDT by monkeywrench
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Comment #6 Removed by Moderator

To: *Enviralists;editor-surveyor

7 posted on 04/11/2002 12:54:58 PM PDT by Libertarianize the GOP
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To: CFW
Another fed pack of snakes run no better than the INS. Those who work for the fed should be ahamed of themselve. Get a job!
8 posted on 04/11/2002 1:00:21 PM PDT by mercy
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To: CFW
Of course, if somebody tripped, they'd be liable. Damned if they do, damned if they don't.
9 posted on 04/11/2002 1:00:37 PM PDT by white trash redneck
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To: CFW
Every environmentalist is a socialist thug.

There are liars, damn liars, and environmentalists.

The environmentalist loves a polished jack-boot.

10 posted on 04/11/2002 1:20:09 PM PDT by moyden
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Comment #11 Removed by Moderator

To: Arkie2
"If you pass enough laws you make everyone a criminal"

That is precisely the point. After all; who is a criminal to question the moral authority of the government (to do whatever the hell they want)?

12 posted on 04/11/2002 1:24:48 PM PDT by laotzu
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Comment #13 Removed by Moderator

To: CFW
They said they have no dispute with the board members. "My whole problem with the system," Nicoll said, "is how it was handled."

Sounds as though they'd be the type to say "serves 'em right" if this happened to their neighbors. Maybe next time this couple will think twice before blindly agreeing to government interference.

14 posted on 04/11/2002 1:31:46 PM PDT by NittanyLion
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To: Noumenon
There are ways to resist and to deny on the economic front. And I should point out that sooner or later, everyone will be held at gunpoint for this, not just corporations.
15 posted on 04/11/2002 1:34:55 PM PDT by Noumenon
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To: CFW
Bureacrats = Fat butted jerks who regulate your life.
16 posted on 04/11/2002 1:34:59 PM PDT by sandydipper
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To: one_particular_harbour
Preach it, brother. The resale value of the property is the only thing that keeps me paying any attention at all.
17 posted on 04/11/2002 1:37:20 PM PDT by untenured
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To: CFW
An Environmental Services employee who looked at the lot in February and again on Tuesday said cutting the bushes could kill them.

I don't know much about bushes, but this sounds bogus.

18 posted on 04/11/2002 1:43:39 PM PDT by savedbygrace
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To: chiefqc
Notice a board voted to fine them, and if they did not pay the board would probably attempt to seize their property..without due processes. I'd like to find justification for this in the constitution.
19 posted on 04/11/2002 1:48:29 PM PDT by Dead Dog
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To: CFW; 1Old Pro; 68-69TonkinGulfYatchClub; a_federalist; abner; aculeus; alaskanfan; alloysteel...
Just what we need:

More Felony Environmentalism

At the risk of repeating myself,
we need capital punishment for felony environmentalism.

20 posted on 04/11/2002 2:49:25 PM PDT by editor-surveyor
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