The government sends you an official notice of violation, by certified mail. It looks official and it sounds scary. You are accused of illegally filling wetlands. Now what?

You may not think this is likely, but it happens all of the time. Big developers are not the only ones with wetlands issues. Regular homeowners can get into this problem as well.

Wetlands are protected areas on which any disturbance is usually prohibited without a permit. The federal government uses a three prong test to determine where wetlands are located. But even experts can disagree about whether an area contains wetlands.

Which means that many property owners may have wetlands on their property and not even know it. This can be the start of the problem.

The real problem occurs when the property owner wants to fill the wetlands, either to stop flooding, perhaps do some construction, or maybe even plant trees, lawn or a garden.

This is where having a good relationship with your neighbors can really pay off. A lot of times, when homeowners come to my office with these problems, I learn that a neighbor turned them in to the regulators. So say hi and be nice to your neighbors -you never know when that approach will serve you well!

Persons accused of filling wetlands are often ordered to restore the wetlands and perhaps pay a fine. This may mean removing a potion of your home-- and re-establishing wetlands is costly and often requires professional assistance.

The regulators must prove that in fact regulated wetlands were filled. To do this, they may refer to aerial photographs depicting former conditions. But remember -aerial photographs are usually not conclusive proof --so further proof should be required of the government.

If fill was placed over the wetlands, regulators may be able to prove that the fill is not native -and thus was added. But even so -will the regulators be able to prove that the fill was added to what at one time were wetlands?

Here is the point. Filling wetlands without a permit is usually illegal. Which means you should not engage in this activity. But many homeowners may get caught in a situation where they are alleged to have accidentally filled wetlands -because they did not appreciate that is what they were doing.

When regulators knock on your door, they can make whatever allegations they deem to be appropriate. But , you have a right to demand proof of the allegations. Sometimes, that is an easy task for the government -sometimes it is not.

If you need to defend yourself from a wetlands violation, you may need a lawyer and a wetlands expert. This is a highly technical area, and prevailing is difficult without this level of expertise.

If you want to determine whether your property contains wetlands, contact your state regulators or a wetlands consultant.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.