Wetlands and real estate

cpa49707 · October 24, 2005

I need someones advice

I live in Michigan and there is a lot next door to my home that has a creek run thru it and along the back of my property. The land owner has altered the path of the water and it know flows along the back and side of his instead of down the middle of his property. I am concerned that since he changed the flow and filled in the rest of t he lot that the water may back up into my yard during the spring run off or heavy periods of rain. I have contacted the Michigan Department of Enviromental Quality and they have said that they issued him the necessary permits. Do i have any legal recourse?

divebreck · October 26, 2005

Is the river a wetlands designation? This would show on the survey.

cpa49707 · October 27, 2005

No its not designated as wetlands right now. However, there is a large contgent of ducks that nest there every spring and raise their young. There is also frogs and other waterlife that exists in the creek.

BJL · October 30, 2005

I live in Michigan and there is a lot next door to my home that has a creek run thru it and along the back of my property. The land owner has altered the path of the water and it know flows along the back and side of his instead of down the middle of his property. I am concerned that since he changed the flow and filled in the rest of t he lot that the water may back up into my yard during the spring run off or heavy periods of rain. I have contacted the Michigan Department of Enviromental Quality and they have said that they issued him the necessary permits. Do i have any legal recourse?
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This is way outside my area of expertise, but the right that protects use and enjoyment of natural waters on one's property is known as "riparian water rights." Here's a link to MI law on riparian rights. http://www.mlswa.org/trautz12.htm

There is another issue here: to what extent does the MDEQ permit absolve your neighbor of damage to your property. IMO, just because you have a permit does not insulate you from damage you cause. The permit only authorizes certain acts, but does not give the neighbor license to intiate a sequence of events that devalues or damages your property.

If this is a big issue, I would retain a MI real estate lawyer that specializes in riparian rights. In the Great Lakes region, I would imagine there are a ton of good lawyers in this field.

BJL

cpa49707 · October 31, 2005

Thanks for the input, Just met the the MDEQ this morning and they are upset that he did this without a permit and are ordering him to return the area to its natural state and finning up 10k a day. They also took soil samples and are sure that it will be declared wetlands as wild flowers and wild life live there. Once again thanks for all your input.

Terry

BJL · October 31, 2005

Thanks for the input, Just met the the MDEQ this morning and they are upset that he did this without a permit and are ordering him to return the area to its natural state and finning up 10k a day. They also took soil samples and are sure that it will be declared wetlands as wild flowers and wild life live there. Once again thanks for all your input.

Terry
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Terry:

Good luck and please keep us updated.

BJL