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What to do about planning boards and environmental issues when building?


MY issue is the Blanding's turtle I live in Hudson Valley N.Y. and the planning board is constantly holding up our plans for various reasons, by the way I have been very compliant. This time it's turtles they were concerned about their habitat so I had a wetland enviromentalist check it out and give a report and there were no turtles. Now the planning board wants a bio-reversal study to see if they move in different months, I must pick up the cost of this. They were requesting that I lay small tunnels under major roadways so that the turtles can cross the road that means digging up ground to build turtle tunnels this is no joke. I doubt they will know they have underground roads. Besides the fact I don't have turtles in this area I have given them a report. What can I do or talk with to put a stop to this madness?

Any lawyers or soon to be that can steer me right. I need the big guns.

Hire a local attorney who knows the planning board and see if he can get your plans through. Wetlands and wildlife preservation are usually not the province of a planning board so it does sound like you're being held up.

If you have no luck with a new lawyer, you may have to sue the panning board in what is known in New York as an "Article 78" proceeding. Those proceedings have very short time limits in which to file suit following action by a governmental entity, so you should be ready to move quickly.

Ah, the joys of real estate development. See a lawyer who is experienced in land use issues in your area to help you cut through the red tape.

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