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HOMEOWNERS was slammed with an egregious $300 daily fee for cutting down trees on their own property.
They were told the act was not permitted because of a sneaky little-known rule.
The owners of 14 Plover Lane in Wauwinet, Nantucket had clear-cut a half-acre of vegetation without a permit, as reported by the Nantucket Current.
Clear-cutting is when most or all trees in a specific area are harvested simultaneously, often for timber or land clearing.
The practice is considered a controversial method of harvesting due to its potential negative environmental impact.
Conservation Commission Chair Seth Engelbourg said these actions would not be tolerated.
The .91-acre property was listed under Paula and Matthew Dacey, the president of Champion Builders Inc.
In 2022, the Daceys purchased the property for $1 million, and it is now assessed at nearly $4.5 million.
The homeowners were slammed with a $300 daily fine.
The commission voted that the owners would keep paying the fee until they came up with a restoration plan and presented it to the commission.
“We have to be serious as a conservation commission,” Engelbourg said.
“Our goal is always to uphold the Wetland Protection Act and its interests, and its resource areas and performance standards, but we also in cases like this have to set an example that it’s not acceptable to do egregious violations with no consequences.”
This law protects wetlands, floodplains, riverfront areas, and other resource areas, including land under water bodies, waterways, salt ponds, fish runs, and the ocean.
The commission said the landowners were required to submit their property’s restoration plan by March 20, 2025.
“People have to get a grip that they’re going to be held accountable for this,” commission member Linda Williams said.
The homeowners are now looking at a whopping $14,100 in fees.
This work was no mistake. … This work was done so that the owner of 14 Plover could have a clear, and more open backyard to improve the property value of this particular site.
Dan Bailey
Although Dacey hasn’t cleared his dues yet, the commission is still trying to figure out how to enforce the penalty.
The commission was set to review Dacey’s “planting plan” as well as conduct a site visit on April 1.
“This planting plan is a first step. That’s how I see it. We’re trying to get some native restoration plants in the ground as soon as possible, and then require a notice of intent to really continue the full restoration of this site,” Engelbourg said.
Even with the planting plan, it is doubtful that the property owners will be able to restore the previously existing vegetation, as reported by The Inquirer and Mirror.
Land-use lawyer Dan Bailey said: “This work was no mistake. (Dacey is) a sophisticated developer, he built a house on the site. There was a wetlands delineation line, and nonetheless, over a half-acre of clear-cutting occurred.”
“This work was done so that the owner of 14 Plover could have a clear, and more open back yard to improve the property value of this particular site.”
The commission said this wasn’t an isolated incident.
Three years ago, another homeowner on a Sconset property at 2 Gully Road was clear-cut by property owners.
That clear-cutting eliminated over 130 Japanese black pines and eastern red cedar trees on the coastal bank, as reported by The Nantucket Current.
