State of Vermont
Agency of Natural Resources
Department of Environmental Conservation
Compliance & Enforcement Division
Press Release

January 20, 2009
Kermit & Catherine Wagner

WATERBURY – The Department of Environmental Conservation today announced that its enforcement division has formally settled an environmental violation involving Kermit and Catharine Wagner of Windsor for illegally filling in a class II wetland. The settlement includes a $7,000 penalty.

Through the Agency’s investigation, it was discovered that the Wagners constructed a garage on the property by placing fill in a portion of the wetland’s 50-foot buffer zone and constructed an earthen dam/road by placing boulders and fill in the wetland. This was done in order to gain access to a portion of their property and to create a pond. The structure impounded approximately 2 acres of waters. They did not apply for a conditional use determination for the earthen dam/road or garage.

The matter came to light as a result of a citizen complaint that was investigated by Environmental Enforcement Officer Tim McNamara. After his investigation was completed, the Wagners were notified of the violations and in accordance with Agency directives, drained the impounded water. The Agency subsequently issued an administrative order and the Wagners then agreed to settle the matter.

The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court. In it, the Wagners agreed to remove the earthen dam, remediate the impacted area, submit a conditional use determination application for the garage, respond to Agency directives with regard to monitoring for invasive species, and comply with the Vermont wetland rules in the use of the property. It was also agreed that a civil penalty of $7,000 will be paid to the state of Vermont for the violations.

For Further Information please contact:
Attorney John Zaikowski at 802-241-3820 or email to