Agency of Natural Resources v. McGee

In an environmental enforcement action, the Agency of Natural Resources (ANR) issued a violation and imposed a penalty of $10,000 against defendants Hugh and Eileen McGee for placing unpermitted fill in a Class II wetland. Defendants appealed and, following a site visit and evidentiary hearing, the Environmental Division concluded that the land was not exempt, upheld the violation, and reduced the penalty to $3647. On appeal, defendants argued that the land was used for grazing horses and it therefore met the requirements for a farming exemption in the wetlands regulations. After its review, the Vermont Supreme Court concluded that the evidence supported the Environmental Division’s finding that the area had not been used consistently to grow food or crops since 1990 and therefore any exemption had expired, and affirmed. View "Agency of Natural Resources v. McGee" on Justia Law