During the Agency’s investigation, it was discovered that Dizazzo constructed a road by placing fill material along the contour of a Class II wetland and within its 50-foot buffer zone. Dizazzo did not apply for or obtain a Conditional Use Determination (CUD) prior to this work. Given the nature of the activity, it would not have met the criteria necessary to obtain a CUD.

The matter came to light as a result of a citizen complaint that was investigated by Environmental Enforcement Officer Ted Cantwell and District Wetland Ecologist Mic Metz. After the investigation was completed, Dizazzo was notified of the violation. In response to Agency directives, he removed the fill material, re-graded the disturbed area to its historical topography, and replanted the area with native vegetation, expending more than $15,000. Dizazzo subsequently agreed to settle the matter.

The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court. In it, Dizazzo agreed to assess the plantings to ensure survival and replant as necessary, monitor for invasive species, obtain a CUD prior to any activities in the wetland or its buffer zone other than allowed uses, and comply with the Vermont Wetland Rules in the use of the property. It was also agreed that a civil penalty of $5,000 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 john.zaikowski@state.vt.us