Rancher Fined for Fixing What the Government Broke
CNSNews.com ^ | June 23, 2003 | National Center for Public Policy Research
Posted on 06/23/2003 7:23 AM PDT by microgood
(Editor's Note: The following is the 75th of 100 stories regarding government regulation from the book Shattered Dreams, written by the National Center for Public Policy Research. CNSNews.com will publish an additional story each day.)
In 1994 and 1995, state and federal agencies - including the U.S. Forest Service, Bureau of Land Management and Oregon Department of Fish & Wildlife - put $3.2 million worth of logs in a cree upstream from Leonard Zylstra's ranch near Medford, Ore., for the purpose of enhancing fish habitat.
Waters in the creek reached a 20-year high point in 1997. This tore the logs loose, causing them to gush downstream with debris, overflowing the creek and washing away bridges and two homes. The overflow went into Zylstra's pasture, destroying 29 acres of hay and removing topsoil to a depth of five feet.
After the water subsided, Zylstra got a permit from the Oregon Department of State Lands to re-sculpt his land, re-build levees, lower the creek bed to its original depth and use that dirt to replace the soil he lost. He did not get a permit from the U.S. Army Corps of Engineers because Oregon state law does not require agriculture activities to get a "fill and remove" permit.
However, the U.S. Environmental Protection Agency (EPA) claimed Zylstra violated the Clean Water Act and threatened him with fines up to $43,500 per day followed by property forfeiture unless he returned his property to a "native and natural state."
Under the EPA-approved mitigation plan, Zylstra would be required to plant specific flora, fence off the creek from his cows and lower the levees that have existed for 100 years. Because he cannot afford to challenge the EPA in court, Zylstra has put his ranch up for sale and plans to move to Florida. He is refusing to cooperate with what he calls "bureau rats," especially after the EPA attorney demanded the past four years of his tax returns during the course of the EPA investigation.
Source: Leonard Zylstra
Copyright 2003, National Center for Public Policy Research