When a Virginia Beach developer was asked to mow an overgrown 1/3 acre wetlands field by the local government, it complied. But the State Water Control Board considered the tract of land a protected wetland, and by mowing it, they say the developer altered and degraded the wetland, which should have been preserved as natural and open space.
“We had the state saying, ‘Don’t touch the site,’ and the city saying, ‘Mow it now,’ ” said Carl Eason, an attorney representing Glenwood South and its affiliate, Warner Construction. “I felt like I was in ‘Alice in Wonderland.’ “
Stating that the legal costs would have exceeded the amount of the settlement, the developer says it reached an agreement with the State Water Control Board, forking over a fine of more than $24,000 to put the mowing matter (and some related issues) to rest.