A case out of the Florida Panhandle involving wetlands destruction shows how important it is to put in writing how swamps and marshes are going to be protected.

A developer named Jay Rish bought land in Gulf County in 2005 and applied for dredge and fill permits from the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers -- but neither claimed jurisdiction over wetlands near St. Joseph Bay.

So even though he had yet to get a county permit to proceed with his development plans, "in August 2006 Rish began to clear and fill the property, despite objections from Hibiscus Drive residents," the Port St. Joe paper, The Star, notes.

But county officials said their hands were tied. If the state and federal government didn't want to protect those wetlands, they said, then the local government had no authority over it either.

One of the neighbors, Fred Johnson, sued to stop the work. He lost at the trial court level, but last month a three-judge panel of the First District Court of Appeal in Tallahassee said he was right.

Turns out the county did have the power to stop wetlands destruction -- and it was in writing, for all to see. In 1992, Gulf County signed an agreement with the Florida Department of Community Affairs that said “development within 50 feet of coastal waters and wetlands (including salt marsh areas) will be prohibited.” That provision aimed to promote the “protection of wetlands and other surface water resources, specifically the St. Joseph Bay Aquatic Preserve…”

County officials may not be the only ones who dropped the ball. The Star pointed out that during the original trial, "a retired FDEP employee testified that the wetlands at issue were connected to St. Joseph Bay and the FDEP and Corps were mistaken in not taking jurisdiction. An environmental consultant testifying for Rish acknowledged on cross examination that the Corps would appear to have jurisdiction of the wetlands on Rish’s property."

After the ruling came out, the neighbor who challenged the development released this statement: “In this case, Gulf County allowed Mr. Rish to dump over 150 truck loads of fill dirt into wetlands that are adjacent to St. Joe Bay. With this opinion to guide it, I hope Gulf County will order Mr. Rish to restore the wetlands that were illegally filled so that they can again provide a natural buffer that will help maintain the pristine quality of the Bay."

In "Paving Paradise", we tell several stories about neighbors like Johnson who are willing to spend their own time and money trying to protect wetlands. If the people who live near them can see the value of maintaining these swamps and marshes, it makes you wonder why the agencies that are supposed to protect them find it all too easy to allow them to be wiped out.