Posted by LJD on March 14, 2012 at 09:41:09 from (97.252.183.54):
I try to stay well read with land use regs,state laws, etc. This one has me stumped.
I've got about 80s acres of maple and hemlock forest that is bordered by the center of a town road on one side. Back in 1982 this land had several farm and looging roads connecting it to this town road.
In 1982 (before I owned the land) the town got an easement to take a pretty big trout stream across the road - and move it to my side of the road. So, they built - or dug out a new creek bed and rerouted it. After that, the property owner lost all drive-in access because the new creek runs the entire length of the property. The owner then tried to get permission to build a bridge but after several floods he gave up. So, I got it pretty cheap ($480 per acre).
So in summary . . . the town got a easement of 50 feet to build that new creek bed in 1982. They had to get special permits from the New York Dept of Conservation also in 1982. There were "special" problems because native brook trout are in this creek.
Last summmer of 2011 after two huge storms the creek washed the road out. FEMA came and it took a month to reopen the road.
OK. My question. That man-made creek bed has far exceeded the town's 50 foot easement and keeps digging further into my land. The Dept of Environmental Conservation no longer has any records of the permit and has no idea what conditions may have been on it. I spoke to several people there and they are absolutely clueless.
So I'm wondering . . . was, or is it the town's responsible for keeping this creek within their easement boundaries ? Or is it now treated like a natural waterway and anything goes? I've got a beautiful stand of mature hemlocks on that steep bank that is being cut into and caving in from the creek.
Not a huge deal but I would like to know my legal rights if anyone actually knows. So far, I spoke with the Town Attorney, County Highway Supervisor, and several DEC officials and nobody has a clue.
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