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Old 08-16-2019, 08:51 AM   #10
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Lightbulb Check the Existing Survey...

Originally Posted by TheTimeTraveler View Post
So I am looking at a building lot that has a stream running right through the middle of it. Does someone know if I can legally keep the stream, but move it 70 feet away to a nearby perimeter lot line? Obviously moving it will allow me a larger building envelope footprint.
I know wetlands can be moved if they can be replicated elsewhere on a property, but I was unsure about a seasonal stream.
Anyone out there in Forum land have any knowledge about this type of situation?

Take a look uphill: If there are spans of irrigated green lawn, chances are very good that you'll have the same (or worse) runoff experience.

Next door, my neighbor had a concern whether their abutting lot could be sold as a building lot. Their new survey showed a very wet lot, and the surveyor had written a note on it, recommending against building on it. That neighbor provided a copy of the survey to me—which I still have—before the lot was sold.

As it turned out, a builder came in, dumped tons of fill, and diverted the existing "babbling brook" to our side of their lot. Where we once had no view of our neighbors, the new owners built to the maximum height, so there's three stories of night-time lighting. The other side of their lot has a shared driveway that washes out every summer. Some of the hill's moisture oozes under the house, and pools-up in the yard facing the lake. Why it produces a red stain, I don't know. There was a buried commercial aviation gasoline tank uphill (serving the airport) at one time. The pre-existing septic system and leach field was filled in and a new system, shared with the neighbor, was installed.

Aside from the negatives of putting the porch facing our porch—renting-out all summer—the babbling brook turns to mud in summer and has doubled in size.

The brook, which is still mostly seasonal, soaked the boundary line to the point that at least eight mature trees have been blown over (to angles of ~45°). The trees that survived have struggled to send up new foliage: Although the greenery is welcome, those trees are making the strangest of privacy fences.

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