The phrase “environmental issues” tends to conjure up images of “tree huggers” and endangered habitats of the snail darter. While such issues do occasionally come into play, this subject covers a broad category of regulations that affect the ability of a site to be developed. Environmental regulations are intended to protect the Environment from destructive development. The most common types of issues encountered in property development include the following:
       Wetlands
       Trees and woodlands
       Historical artifacts
       Contamination
Wetlands
Environmentally restricted wetlands are more than just the presence of a body of water, such as a stream or a pond. Any area that is subject to periodic flooding may be considered a restricted wetland. Generally, three factors are considered in classifying an area as environmentally restricted wetlands: The existence of two or more is generally all that is needed.

1. The presence of standing water. Water, by itself does not make an area a wetland. As an old building foundation may hold water, so this certainly does not comprise an environmental wetland.
2. The type of soil. Soils that are known as alluvial include silts and clays that are deposited as a result of flooding and periodic saturation.
3. Vegetative growth. Are the species of plants classified as an aquatic or a wetlands species? This can include trees, scrubs and grasses that tend to live in marshes, swamps, etc. and thrive in moist and boggy conditions. Alluvial soils promote the growth of these species provided there is regular inundation of water.

To make an accurate determination an environmental scientist is typically retained to evaluate the condition. He then flags or marks off areas that are considered to be the wetland site. The way that a local jurisdiction deals with a wetland varies considerably. Some areas require that no development occur within 100 feet of the wetland, whereas other jurisdictions will allow you to fill in portions of a wetland (up to one acre). Still in other locations they will permit you to fill in a wetland, provided you create a wetland someplace else in exchange for the lost habitat. Soil scientists are typically able to advise you on the regulations that pertain to your area.
 
Woodlands and Trees
In an effort to preserve the character of an area many municipalities have adopted “Woodlands and Tree Preservation Ordinances.” As per wetlands regulations, these can vary considerably from municipality to municipality. Some do not allow the removal of woodlands or trees over a certain number of inches in diameter, without replacing these plantings in kind, either on-site or at another location designated within the municipality. Some municipalities have “Tree Commissions” that will evaluate any tree that is proposed to be removed above a particular diameter, and to recommend that a development be denied rather than lose a particular tree. It is important to determine these requirements before assuming that a wooded area can be developed.
 
Steep Slopes
The next area of commonly regulated features is that of steep slopes. This may be particularly true in areas where landslides occur or where heavy rain can cause significant erosion. Developing or altering these slopes has the potential to cause significant damage and therefore has become a subject of regulation. There may be creative methods which will allow development, such as constructed retaining walls. However, this can prove to be very costly.
 
Historic Artifacts
Another potential regulation pertains to historic artifacts. These may include ancient Indian burial grounds, or comprise entire houses or buildings that are considered to be of historical value. Not every municipality has developed regulations concerning this, but an archeological consultant may be necessary depending on the situation
 
Contamination
The final common environmental regulation addresses pollutions and hazardous waste materials. Hazardous wastes can be found in many forms and areas. The most commonly encountered situations today are underground fuel storage tanks, and asbestos in building materials slated for demolition or renovation. In each of these situations, firms with specific licensing and expertise in these areas must be retained to properly handle and expose these materials, and provide certified testing regarding potential contamination of surrounding areas. Asbestos is commonly found in buildings in such areas as insulation, floor and ceiling tiles, and wall panels. Another hazardous waste material requiring action is PCP’s, which are found in old transformers. At times environmentally hazardous materials are not easily determined. Their presence may be unknown. However, in most projects where bank financing is involved, an environmental audit will be required as part of financing approval. Typically what is required is known as a “Phase I Environmental Assessment.” This is carried out by a properly licensed environmental engineering firm. They will initially provide a basic visual inspection of the property and premises looking for visible signs of any areas that may indicate the presence of environmentally hazardous material. In the event that there is an indication that there may be hazardous waste, the firm would recommend a Phase II audit, which involves a more detailed investigation, including the collection of samples for testing. When purchasing a new property it can be equally important to have a Phase I Environmental Assessment done. Many times churches will buy property with cash intending to finance the construction at a later date. In this scenario there is no protection for the church from the bank’s requirement for a Phase I Environmental Audit. In this scenario any hazardous materials would need to be handled at the church’s expense, rather than the land seller’s expense. Depending on what is encountered and the governing regulations, costs to address environmental issues can be significant.

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