dep harassment (Bangor, Augusta, Lincoln: how much, lawyer, transfer)

[snowmobilefamily]

How do I stop DEP from Harassing me. There is a young employee who is on a huge power trip and falsely accused me of filling in wetlands. I spent thousands pulling back my gravel for my future lawn and did everything else he kept telling me he wanted done to my land even though I had just purchased it and most everything was already here. I had to hire a licensed soil scientist who proved I was correct and did not fill in any wetlands. He continued to ask me to remove tiny little rock dams in the stream which neighbors have said have been there for over 50 years. He continued to tell me to do things to my property which is 50 acres in the middle of no where. Ive cleaned up the property and all my neighbors enjoy it as I have opened it up to them. I have not heard from him since I requested to speak to his supervisor. Which never happened as she did not return my call. I told him to stay off my property last fall when I handed him the letter from of all how the soil scientist. Last month he asked my neighbor if he had seen me riding my atvs on the property as there seemed to be fresh atv tracks. First how did he see fresh ATV tracks from the road, my atvs have been 3 hours away stored until this past weekend. He was told to off my land. When I had applied to build a snowmobile bridge the woman there was really nice. What should I do as it is apparent this guy is not going to leave me alone because he ego is shattered. He had even written my town a letter stating I had land use violations last summer. BTW I used to be a land surveyor and worked with soil scientist all the time. I told the DEP guy this and showed him where the line would be delineated but he disagreed. want Soil scientist agreed with me I guess and he didnt like it. Now he is harassing me. Should I go to the top. I just want to be left alone which is why we built this place. What are my rights please?

[Northern Maine Land Man]

Send me a PM. Most of Maine is a low hassle state, but we have a few tyrannical zealots in state government. We need to shine the bright light of truth on these petty people.

BTW, Welcome to CD.

[Electric Wizard]

" but we have a few tyrannical zealots in state government" At the very least there are always a few. I understand there may be confidential information in the pm's. However, it would be nice if this thread can continue with results and any non confidential information that can be shared. Best of Luck to the OP!

[Northern Maine Land Man]

Several years ago a DEP agent saw a man pour gravel from a 5 gallon bucket into a puddle on his camp road. When you drive through puddles, dirt is washed out of the puddle. Eliminate the puddle and no dirt is displaced. The man lived every summer on the point. It was the oldest camp on the lake and it had been built in the late 1800s.

The DEP agent cited him for filling in a wetland. It went to court. The judge heard the puddle example and the hydrology involved with puddles. He decided to adjourn the trial and reconvene the following week at the site. When the trial reconvened on site, they had the judge, the court stenographer, the landowner, his lawyer, chairman of the town council, town attorney, the DEP agent, her boss, the town code enforcement officer, an attorney from the district attorney's office and the cub reporter from the local weekly paper along with a photographer.

The DEP agent pointed out the fresh gravel spots in the road and evidence that other puddles had been filled in not long ago. There was discussion about how gravel compacted, but still drained well, the various grades of gravel such as "run of the bank" and "top dressing", all of which the landowner understood very well.

The landowner's attorney did not dispute that this road was in the shoreland zone which in all cases on great ponds extends 250 feet back from the high water mark, but how did the DEP agent determine that this exact spot was a wetland?

She pointed out the various indigenous species of plants commonly found in wetlands. You couldn't even see the lake from this location. The lawyer pointed out other examples of the same species of plants further up the road. He asked the DEP agent exactly where the wetland began. She was really irritated that these people were challenging her authority. After all, she had gone to Unity College and she was an environmentalist. That was like being a priest in the Gaia religion.

The DEP agent drew a line in the road with her toe and screamed, "The wetland starts right here!"

The lawyer said, "Why at this exact spot?"

"Because I SAID SO!" screamed the DEP agent. The judge had not brought his gavel along and had nothing to pound it on anyway.

"Case dismissed!" said the judge and everybody had to back out of there because the road was too narrow to turn around on. It was first made for buggies. The landowner was busy the rest of the summer filling in the ruts made by the DEP agent and her entourage; one bucket of gravel at a time.

-break-

You can't make this stuff up. snowmobile family, You have come to the right place. I have been helping landowners and towns deal with these matters for 42 years. They know me in Augusta. I testify in the legislature on these matters on a regular basis. At many legislative committee hearings the legislators are working on other matters when citizens speak. When I speak they usually look up and listen because they know I have my facts straight. I am not a lawyer and don't play one on TV, but the Maine Bar Association invites me down to their conference on land laws every other year to hear how these rules actually affect people.

It isn't about the environment at all. It is about tyranny. You have encountered a tyrant. Do not be intimidated.

Electric Wizard, Prepare to be entertained.

[Northern Maine Land Man]

By the way; "tiny little rock dams in the stream" prevent erosion and improve trout habitat.

[camanchaca]

Originally Posted by Northern Maine Land Man

Several years ago a DEP agent saw a man pour gravel from a 5 gallon bucket into a puddle on his camp road.
(etc)

Do you have a cite for this because some preliminary googling isn't panning out.

[bangorme]

Well, this is how the government works. It decrees something. You either submit, fight in court, or lose your property/money. Now, going to court is very expensive, and the government has unlimited resources. So they will bleed you dry in court. They don't care, and they don't have to win, because you are screwed under all these scenarios.

There is a family I saw on TV where they owned a small business, and the IRS "seized" their assets under a provision called civil forfeiture. No warrant or anything needed. So, now after holding their money for months (or years), the family spending tons of money in court, the IRS has agreed to eventually give it back. So, the family has lost its business and the money it spent fighting the IRS (which of course doesn't care how much it costs). Maybe, someday, they'll get their money back.

Forget about suing the government to recoup your damages... ain't going to happen. Even if you win, you will never collect it. I know a case where a group of people collected a percentage of their money 20 years after they won their case. In fact, many attorneys will fight your case (on your dime), but will not work on a percentage because they know you will NEVER collect.

Oh yeah, and forget about your elected prostitutes (oops... I mean Representatives and Senators). They are worthless. They will give you lip service, forward your letters, listen to the lies, then offer to forward more letters. This they are doing while immersed in the cesspool we call Washington D.C., patting each others backs, taking money from these agencies to buy votes back in their districts.

BTW, doesn't matter if it's the Feds or the State, the same technique is used. Feds are just better at it and can print money.

Now you want to know why some of us don't want to turn over the control of our wilderness to the government?

[Northern Maine Land Man]

That case predates Google. The DEP agent was transferred to the Jackman area and has a different last name now. I don't know whether it is due to witness protection or matrimony.

Lincoln News content is not on line.

[Kracer]

Originally Posted by snowmobilefamily

How do I stop DEP from Harassing me. There is a young employee who is on a huge power trip and falsely accused me of filling in wetlands. I spent thousands pulling back my gravel for my future lawn and did everything else he kept telling me he wanted done to my land even though I had just purchased it and most everything was already here. I had to hire a licensed soil scientist who proved I was correct and did not fill in any wetlands. He continued to ask me to remove tiny little rock dams in the stream which neighbors have said have been there for over 50 years. He continued to tell me to do things to my property which is 50 acres in the middle of no where. Ive cleaned up the property and all my neighbors enjoy it as I have opened it up to them. I have not heard from him since I requested to speak to his supervisor. Which never happened as she did not return my call. I told him to stay off my property last fall when I handed him the letter from of all how the soil scientist. Last month he asked my neighbor if he had seen me riding my atvs on the property as there seemed to be fresh atv tracks. First how did he see fresh ATV tracks from the road, my atvs have been 3 hours away stored until this past weekend. He was told to off my land. When I had applied to build a snowmobile bridge the woman there was really nice. What should I do as it is apparent this guy is not going to leave me alone because he ego is shattered. He had even written my town a letter stating I had land use violations last summer. BTW I used to be a land surveyor and worked with soil scientist all the time. I told the DEP guy this and showed him where the line would be delineated but he disagreed. want Soil scientist agreed with me I guess and he didnt like it. Now he is harassing me. Should I go to the top. I just want to be left alone which is why we built this place. What are my rights please?

That is classic DEP.

We had a case down here where a disgruntled neighbor called the DEP because his neighbor dumped gravel in an established driveway deemed to be wetlands.

10 years later after the homeowner went broke fighting the DEP, the DEP walked away.

Another three lettered out of control federal agency that needs to be redefined.
What they do in one state they do in all states.

[Electric Wizard]

NMLM - Great story! I enjoy hearing those kind of results. Some of these people in these positions don't know what their job is. They do not take the job with the notion that they are too apply their knowledge to protect and be just. They take their job and believe they are the mighty and their authority will be obeyed even at the expense of common sense.

Bangorme - I do not wish to go off topic, nor do I wish to go hunting more threads on these matters like Civil Asset Forfeiture or even worse Child Protection Services, etc. As time wise they will consume me as I am well versed in them! Your statements are spot on though!

Kracer- Yep, sounds right.

As a potential future Maine-ah (shocked that my spell check has that) and doing my homework over the past couple of years. I know any real issues I may have is an agency such as DEP.