The April 19 Friday Update from the POA revealed that a recent Supreme Court decision had lessened the Federal control over wetlands. Maintaining the wetlands for FH, the POA claimed, had been costly over the years. In February, POA President Hewett had approached all the local builders with a proposal to sell the POA-owned wetland properties in the area known as the Gondolier Peninsula. Bill Treweek was the only builder who had committed to purchasing all 37 lots for the asking price of $1.00 per lot.
Sunday, April 28, Mr. Treweek invited property owners to meet at his completed home on Royal Pines for a combined open-house and Gondolier Peninsula information meeting. Approximately twenty-five property owners came to hear what he had to say. Some of the attendees whose Facebook posts indicated were particularly interested or influential, had been invited by name, but we were all welcomed to the table and chairs he had set up in the garage. His objective, he told us, was to get to know everybody and explain the Gondolier Peninsula sale.
Mr. Treweek began by assuring us he had people who have the expertise for the project ahead. He confirmed that in February, POA President Hewett had approached all the local builders with a proposal to sell the POA-owned properties, and that he was the only builder who had committed to purchasing all 37 lots for the asking price of $1.00 per lot. He acknowledged the lots in question had been designated wetlands, but the rules for wetlands, he said, had changed. (The Sackett vs EPA Supreme Court decision of May 25, 2023, now allows some properties, once deemed protected wetlands, to be reclaimed. https://www.supremecourt.gov/opinions/22pdf/21-454_4g15.pdf)
Mr. Treweek explained that the US Army Corps of engineers would be conducting soil samples to determine which of the lots, with mitigation, are now buildable. He estimated that a mere seven or eight of those thirty-seven, in fact, would qualify. Once the permits to build on those lots had been issued, they would then become eligible for the required annual POA dues, netting the community those extra monies. The remaining lots will be deeded “permanently green in perpetuity,” and be non-taxable as wetlands, Mr. Treweek assured us.
The Gondolier Peninsula’s discernable discharge to navigable waters qualify the remaining properties for continued wetland designation even under the new ruling. According to Mr. Treweek, they will be combined into one lot and returned to the POA forever tax-free because of their status as wetlands. (The POA retains the “right of first refusal.” If Mr. Treweek fails to complete his contract within the contract-specified period, the POA has the right to reclaim the properties for $10 per lot.)
Mr. Treweek’s “perpetuity” will, of course, depend upon any unforeseen future rulings on “wetland,” but the Peninsula and its drainage seem safe for now.
Your FACTS Reporter