Buffer, wetlands and open space

Many towns, counties and communities may require or desire a landscaped or treed area around most of, or the entire, perimeter of a new development. This trend is becoming more and more popular in recent years. It may be helpful to think of this as a big treed setback for the entire development designed to hide or soften the visual impact of new development from existing homes or businesses. The idea is to leave natural trees and vegetation in place to visually separate a new development from an existing one or from a road or highway. For example a new community may have the requirement of a 50 foot buffer around its edge. The developer is not allowed to cut or clear any trees in that area, now or in the future. This can be a good thing for the look and feel of a new community as it can add to the privacy of the lots within and enhance the look of it from without.
But here’s the trick that some developers play that you’ve got to watch out for. Sometimes the buffer we’re talking about is located on the lots that are for sale. So imagine you purchase a lot with a nice stand of trees on the back or side lot line that is 50 feet deep. If, in fact, those trees are within a buffer, even if they are on you r land or within your building envelope, you may not cut them down. See what I’m saying here? In this case you’d be buying land which, at least a portion of it, you are unable to use or modify. The moral of this story is that if you are looking at a lot that is located on or near the edge of a community, be sure to ask if that lot is located near or in the buffer. This is not something that is always made abundantly clear at the time of sale. Always ask the question!
These are also known as swamps, marshes, bogs, and so on. If you’re familiar with Florida, the Everglades are essentially a huge wetland, and they’re protected by law! So, here again, you might be offered a huge piece of land at a great price, only to find out that a part or most of it is a wetland, and you can’t build on it. Don’t think that wetlands are all very large in size or very wet either. Even a very small area with a minimal amount of standing or semi-standing water can be designated a wetland.
Just because the wetland isn’t on your property doesn’t mean it won’t affect your land. The rules regarding building near a wetland can be very strict; you have to stay a certain distance from them. So, the wetland’s location can impact your building envelope. If you suspect that a wetland is on or near the property you’re considering buying, check with an environmental engineer and/or the local building department. Do not assume that you can just “fill it in” or “drain” a section of your land that may be part of a larger wetland system. Find out for sure what you can and can not do. The fines for messing around with wetlands can be severe.
This is often a requirement imposed on a developer by a town or county when they begin to create a new community or subdivision. The town or county rules and regulations may mandate that a certain amount of land in the development is “left open”; that is, used as parks, recreational areas, playgrounds, and so on. The idea is they don’t want the homes all crammed together, nor do they want over crowding. Not only is this not very attractive, but the open spaces can make for great amenities for the residents.
Moral of the story here?  Be aware of what affects a piece of property before you buy land. Take the time to look it up, find the plat, know all thein’s and out’s before you buy!