Inland Wetlands v. Andrews
A court can order the owner of property to hire experts to create a plan to remediate damage to wetlands. Allegedly, the defendant property owners cut trees and shrubs in a wetlands area, altered a stream and excavated a pond. The plaintiff inland-wetlands and watercourses commission issued a cease-and-desist order. The plaintiff met the burden of proof that the defendants are engaged in regulated activity and that remediation is required. The court issued a permanent injunction, ordering the defendants to cease and desist from activities in the wetlands area, without proper approvals. The court also ordered the defendants to hire a wetlands scientist, surveyor or engineer to create a long-term plan for remediation, to submit the plan to the inland wetlands and watercourses commission and to remediate the property. The court kept jurisdiction in order to resolve any future legal questions.