South Jersey family's pool project halted by state authorities for months after wetlands discovered on property
They envisioned paradise in their New Jersey backyard but ended up with a nightmare.
A family in Washington Township said they went through the proper channels before installing their pool, but have been ordered to stop the project by state environmental authorities. Now, nearly two years since they first started, they're out $150,000 and their backyard is still a construction site.
Jimmy Sacco and Donny Tomczak bought a brand-new house in 2023 on two acres of property and quickly started the process of turning their South Jersey backyard into paradise. They got the required land survey, passed the inspection, got the necessary permit from Washington Township, and started to design their backyard with a contractor.
Then, just as the project was nearing the end, Sacco said state authorities showed up at their doorstep to inspect their property.
Sacco and Tomczak said staff from the New Jersey Department of Environmental Protection sent them a Notice of Violation citing them for violating the Freshwater Wetlands Protection Act and Flood Hazard Area Control Act. The notice said, "All unauthorized activities should cease immediately," and advised them that they needed to apply for permits from the state before they could proceed.
Sacco said, "Then they went and told me that I'm not permitted to apply as individuals, we had to hire an environmental firm to represent us and do the application forms for us."
A firm, the couple said, cost $15,000 plus another $5,000 for the state permits, all of that before they even know if the DEP will approve their project and let them proceed or require them to rip it all out.
Sacco and Tomczak said the DEP found out about their project after someone reported it, but they said they were blindsided, especially because Washington Township gave them approval. CBS News Philadelphia reached out to Washington Township to find out why local inspectors didn't flag the wetlands on the property. A business administrator emailed saying, "The township has no comment at this time regarding this matter."
Environmental attorney Steve Miano said, "My guess is that the township just wasn't aware of it and issued the permit on a basic construction permit."
Miano said this scenario isn't all that uncommon, as the DEP often finds out about land they need to investigate from reports from the public.
In an email to CBS News Philadelphia, the New Jersey DEP said in part, "It is the property owner's responsibility to conduct their due diligence when disturbing land on their property. Additionally, municipal construction/zoning officials refer property owners to the department for a determination of jurisdiction. Municipalities vary in their requirements for department authorization prior to the issuance of local approvals."
Sacco said there was no mention of wetlands in the 65-page title report he received when he purchased the home. Since officials with Washington Township won't comment, it's unclear if the township knew about the wetlands and whether they were required to notify the state.
In the meantime, Sacco and Tomczak said they're drowning in bills related to this pool, including plumbing and electricity to keep it clean to avoid mosquitoes and infestations. They can't tarp it because the patio isn't complete. One of their small dogs broke a disc in its back when the dog fell into a trench left behind by the uncompleted worksite.
On the DEP website, it said, "Previously misunderstood as wastelands, wetlands are now being recognized for their vital ecological and socioeconomic contributions."
They protect drinking water by filtering out chemicals and soaking up rainwater, providing natural flood control.
Had Sacco and Tomczak known they'd have to shell out another $20,000+ on state permits, Tomczak said they would have scratched the project early on, but that thought never crossed their minds, especially because there are at least a dozen pools in their neighborhood and a man-made koi pond right next door.
"We bought the house because we loved the land, and it's the land that's making our lives complete hell," said Sacco.
Miano said homeowners can prevent a situation like this by going above and beyond to understand all the details of their property.
"If you're going to do a construction project like that, you should have somebody look at the property and tell you, I don't think there are wetlands here. I mean, it's an extra expense, but to do that upfront is a lot cheaper than having to do what these guys are now having to do," said Miano.
