- NORFOLK - Doug and Tammy
Nicoll trimmed the bushes on their Ocean View property last fall, worried
that overgrowth could hide trespassers or trip children who play on the
land beside Pretty Lake.
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- But last weekend's mail brought a new worry:
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- The Nicolls, who live at the end of 15th Bay Street,
a wetlands area, said they didn't know they needed one. They've been trimming
the bushes since 1994, when they bought the property. They moved to a house
across the street from the lot two years ago.
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- To make matters worse, Doug Nicoll received a summons
earlier this week to appear in court on May 7 on charges that he ``conducted
regulated activity without a permit.'' If convicted, he could face a year
in jail and a fine of $2,500.
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- ``This is totally bogus,'' said an angry Nicoll, who
has called his lawyer and vowed to fight.
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- On Wednesday, he appeared before the Wetlands Board and
explained that he and his wife were never notified that the board was considering
action against them. A letter from City Hall was sent to the wrong address,
they said.
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- The city sent a letter to Doug and Tammy Nicoll informing
them that the Wetlands Board voted in March to levy a $1,000 fee against
them for trimming the bushes on their Ocean View property without a permit.
The board agreed to rescind the ruling and allow the couple to appear at
the May 8 meeting to tell their side of the story.
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- City officials said they weren't sure why the letter
was sent to the Nicolls' previous address.
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- The couple acknowledged that they received a letter in
December from City Hall that had been forwarded to them. The letter, from
the Environmental Services office, warned that they had violated the law,
but was not specific and contained confusing language, they said. It also
asked them to arrange a meeting with Environmental Services employees.
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- The Nicolls said their calls to the office were not returned.
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- Wetlands laws protect tidal areas, plant life and wildlife.
The laws restrict cutting or removing plants, digging, dredging and other
activities without a permit.
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- An Environmental Services employee who looked at the
lot in February and again on Tuesday said cutting the bushes could kill
them. If the bushes die, he said, there also could be erosion and storm
water run-off problems.
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- But the overall environmental impact on the lot should
be minimal, said Environmental Engineer Kevin R. DuBois.
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- The Nicolls said they haven't seen any negative changes
in the plant life through the years. They believe cutting back the bushes
isn't harmful.
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- ``You can see the new growth,'' Nicoll said.
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- Doug Nicoll and his wife, Tammy, at left, look over some
of the bushes he has trimmed since 1994, never having had complaints until
the current clash with the Norfolk Wetlands Board. He says he had no knowledge
of regulations forbidding such trimming.
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- The Nicolls describe themselves as people who love the
"wetlands, herons and egrets.'' They said they have no dispute with
the board members.
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- "My whole problem with the system,'' Nicoll said,
"is how it was handled.''
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- They look forward to a chance to tell their side, they
said, because they feel their right to manage and control their own property
has been jeopardized.
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- "If people don't start fighting stuff,'' Tammy Nicoll
said, "we're going to lose every right that we have.''
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- © 2002 The Virginian-Pilot
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