‘Catch-22′: Union County man fighting with town over bridge on his land

Michael Macon says he grew up on a farm and is turning his land in the town of Fairview into another farm.

He says his wife dreams of having a farm store there, one son dreams of growing flowers on the property, another son wants exotic animals there, and Macon himself envisions a “game restaurant” that sells “nothing but game.”

There’s only one way in and out of the property: a dirt road.

“It would be landlocked if it wasn’t for this access,” he said.

It goes over a creek. So he built this temporary bridge. He wants to build a permanent one. He’s not asking the town for money, just approval.

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“I kind of feel boxed in,” he said. “I think about it all the time.”

The problem: it all comes down to flooding. The Town’s flood prevention ordinance says you can build new infrastructure as long as either 1) it won’t add to flooding or 2) FEMA says it’s ok. Well, Fairview hired an engineer who determined the bridge would increase flooding.

In fact, Macon hired an engineer who said the same. His engineer said only minor flooding and that it wouldn’t impact homes, but still more.

“Overall, the hydraulic analysis discussed in this report indicates that the temporary and permanent bridges will cause a minor hydraulic impact on the Macon property [and neighboring properties] during the 1% AEP flood event... However, the modeling results indicate that this impact will not extend to any existing homes/structures,” Macon’s engineer concluded.

So Macon turned his attention to the second option: FEMA approval. But it appears FEMA won’t give their blessing until the Town does and the Town won’t give their blessing until FEMA does because of what their engineer said.

“It’s kind of Catch-22,” Macon said.

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Plus, according to meeting minutes and the Town’s attorney, the community was very vocal against the project and opposed the Town giving approval.

Macon tried to get a restraining order against the Town, but the judge said no. Then, he sued FEMA not to deny his request in the meantime.

Action 9 attorney Jason Stoogenke says you may be making a change on your land that needs government approval. If so:

Start the process early.
Build support. That means two things: talking to your neighbors ‘and’ City or County leaders. That way you can address their concerns.
Ultimately, you may want to talk to a lawyer who specializes in municipal law.

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