El2-Lancaster Farming, Saturday, August 11,1990 PFA Says Wetland Proposals Fail To Protect Landowners HARRISBURG (Dauphin Co.) Regulatory proposals to expand control of the state’s wet lands by the Pennsylvania Depart ment of Environmental Resources (DER) fail to protect the rights of private landowners, according to testimony presented here today by a spokesman for the Pennsylvania Farmers’ Association (PFA). A series of hearings are being held on the proposed DER regulations. Audrey Rodgers, owner and operator of a dairy farm in Mifflin County, told the Environmental Quality Board that “in our rush to correct what many perceive as ‘past sins’ relating to wetlands use, the rights of property owners must not be ignored or sacrificed.” She explained that farmers “are not opposed to protecting wet lands” because they understand the environment must be pro tected. “But farmers also know that they must use their land to its maximum economic potential if they want to remain in farming,” she testified. The proposed regulations have the potential to prevent fanners from farming, according to her testimony. Earlier in her testi mony she said that farmers have found it impossible to clean ditch es in their fields because they are now a “ ‘protected’ resource.” Another farmer needs an engi neering study to build a farm pond, while others find it impossi ble to build farm ponds. “Wetlands were altered for pur poses that provided many benefits to society, including flood control, protection of public health, agri cultural production, road con struction and residential develop ment,” Rodgers stated. It’s a LEOLA TIRE SERVICE, INC. 717-656-2574 rather recent development to rec ognize wetlands as a “ ‘public’ resource to be protected.” She pointed to several concerns relating to the proposed regulations. “The department’s current and proposed regulations place many obligations on individuals submit ting a permit application, but the department is under no obligation to render a timely permit deci sion,” she stated. “Waiting a year or more for a permit decision” is unacceptable. “Clearly the permit ting process must be accelerated.” “The department,” according to Rodgers, “contends that it has the authority to regulate any activity in a wetland no matter the size. Unlike the Corps of Engineers, DER has chosen not to utilize gen eral permits to exempt minor pro jects from the permitting tread mill.” She recommended that the department “should develop a minimum acreage standard for its regulations.” One of the proposed regulations [Sec. 105.15 (B) (2)] would require “an environmental assess ment for those activities receiving a permit waiver,” Rodgers stated. “Waived activities should be exempted from this assessment.” She testified that all “existing field drainage systems” should be accepted. Also farms with conser vation plans, she testified, should be the only requirement for farms to satisfy regulatory demands of DER. Permit waivers should be granted farmers for other impor tant agricultural projects including construction and maintenance of farm ponds and drainage ditches or field drainage systems, and 258 W. MAIN ST.. LEOLA. 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