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Wetland: What Does It Mean and How Can It Impact My Property?

September 11, 2023 By Tayson Rockefeller Leave a Comment

Disclaimer: As always, I need to start out this article with a disclaimer. I know enough about many of these topics to be dangerous – which is dangerous. Always seek the advice of appropriate professionals as this information is subject to change as well as my own interpretation. I don’t often go back and update old articles, so I’ll leave this here.

Wetland should not be confused with floodplain. Flood zones are not always wetland, and wetlands are not necessarily in floodplains. Flood zones normally occur in areas next to bodies of water or runoff areas and are often considered higher risk when it comes to flooding. However, any property can flood, not necessarily only properties in a floodplain or a wetland.

How to Identify Wetland

Wetland can occur even in areas not directly adjacent to a body of water and is usually determined by three primary factors:

1) Hydrology: Hydrology indicators can include the presence of surface water or wet soils as determined by evidence or review by a wetland professional utilizing different tools or testing to understand the presence of water.

2) Vegetation: Roughly a quarter of the plant vegetation species in the United States grow in wetland areas. Plant species can be classified in a number of different ways as identified below in order of wet to dry:

  • Obligate Wetland (usually very indicative of wetland areas) ie Sedges (which have triangular, sharp stems) and Willow
  • Facultative Wetland (usually occur in wetlands, but occasionally found in non-wetlands) ie Horsetail, Baltic Rush
  • Facultative (equally likely to occur in wetlands or non-wetlands) Meadow Foxtail, Timothy, Brome, Bluegrass
  • Facultative Upland (usually occur in non-wetlands, but occasionally found in wetlands) ie Potentilla
  • Obligate Upland (almost always occur only in non-wetlands) ie Sheep Fescue

3) Soils: Wetland soils are often referred to as hydric soils. These soils can be analyzed by digging a hole (usually 12-18 in deep) and looking at indications of saturated soils that usually show indications of oxygen depletion. This can be evidenced (essentially) by rust in the soils and the coming and going of water, creating oxidation. Oxidation can be due to iron and is usually identified by orange flecks in the soil or manganese which will reveal itself with a purple color.

Can you build in Wetland?

Wetland areas do require special permits and approvals. But first, they must be identified as wetland, usually by way of what is referred to as a Wetland Delineation performed by a properly trained wetland Consultant.

If a particular property shows indications of wetland, Teton County, Idaho will generally require a Wetland Delineation. They have requirements of 50′ or 100′ setbacks, depending on the delineation findings. If the project looks like it will encroach within 50′ of wetlands as indicated by the Delineation, the county may require a Jurisdictional Determination (JD) from the Army Corps of Engineers. If there are any questions on a project, despite setbacks, the Teton County Planning Staff may still send the information to the Corps for review. A JD is the process of Determining whether areas indicated as wetland are regulated by the U.S. Army Corps of Engineers under section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act.

If a property is determined to be wetland, with the proper permits it may be possible to impact up to 0.1 acre of wetland for driveway, septic, and a home site. If wetland is mitigated to another area, these improvement areas can be increased to 0.5 acres.

Wetland areas can make tremendous home sites, but it is important to remember the reason that these regulations exist in order to protect wildlife, habitat and waterways, often considered a key cornerstone of Teton Valley’s natural beauty.

Sources:

  • https://www.sac.usace.army.mil/Missions/Regulatory/Jurisdictional-Determinations-and-Delineations/#:~:text=A%20Jurisdictional%20Determination%20(JD)%20is,Clean%20Water%20Act%20and%2For
  • 1998 Edition of the US Army Corps of Engineers “Recognizing Wetlands” document
  • https://dec.vermont.gov/watershed/wetlands/what/id/hydrophytes
  • Teton County, Idaho Planning & Zoning
  • Teton County, Idaho Land Development Code (current)
  • http://www.biotaresearch.com/

Deferred Maintenance and its Impact on Value

June 8, 2023 By Tayson Rockefeller Leave a Comment

Homeownership comes with maintenance. In fact, it can oftentimes be one of the key driving factors for one to consider selling a home, particularly in an area subject to second homes, as well as the high maintenance aspects of Teton Valley. From snow removal to home staining and constant deck refinishing, it isn’t always easy.

In past articles I have identified home upgrades that can help with resale value, but one of my most recent articles on the subject was way back in 2015. The cost of remodeling, additions and even maintenance was significantly lower back then. As a result, my (current) advice is typically to sell as-is without major upgrades because the return on investment can be so hard to achieve. In some events, I provide this same advice even for deferred maintenance, because the availability of contractors can be so limited that one might miss an opportune sale window by waiting for contractors.

Because of this, I can’t stress the importance of ongoing maintenance (and repairs) enough. Throughout my career in real estate I have witnessed so many circumstances where a seller concession was so much more than the collective maintenance would have been. The same goes for repairs. A small shower glass leak that continually pools water eventually finds its way to the subfloor, creates mold, requires tile replacement, etc. While this seems obvious, what we tend to forget about is the additional cost of a sales concession to satisfy a concerned buyer. We usually can’t remedy a bathroom overhaul during a contract period. As a result, buyers look for concessions in excess of the cost of repair, which honestly makes sense. They assume the liability of the repair, the risk of unseen damage, the organization and completion of the task and the inconvenience of it all until completed. There was a time through 2021 where sellers didn’t need to make concessions in order to finalize the sale, but the market has shifted, even if it hasn’t been as much with respect to values.

In addition to the concession needed to satisfy a buyer that is so often in excess of the cost of maintenance repair, the other obvious benefit of regular home maintenance and repair is how well a home shows during its time as a real estate listing. It’s amazing how much sooner offers are received, how much more buyers are willing to negotiate, and how fewer days on market accumulate with well-maintained homes in good order. While feng shui and declutter is important, the feeling of a well-maintained home is hard to beat.

With the above said, below is a list of home maintenance items I often see overlooked.

Staining!
Nearly every home inspection report comes back with siding maintenance either desperately needed, or recommended. It’s easy to put this one off, year by year – particularly when you contact the local staining company of your choice each Spring, just to learn that they are booked through Fall. Make your appointments in the Winter, and get on the schedule early. The frequency of home staining can vary dramatically. I stain my full wraparound deck every other year, but only need to stain the exterior of my home about every 10 years. My home is mostly shaded, but receives heavy snow load on the decks that I clear after every storm with a snow blower. The lack of direct sunlight and wind-driven moisture provide shelter for my house, but most homes in Teton Valley are subject to high UV sunlight (something we sometimes miss) and wind that both drives moisture and dries siding. Stains with high transparency tend to need more frequent maintenance whereas opaque stains or paints usually don’t need refinishing quite as often. There’s a big argument between oil and water-based stains, but I’m not getting into that with this article. At any rate, once siding loses its protection layer, it doesn’t take long for warping, cupping, cracking and the loosening of fasteners to occur, only adding to the cost of the deferred maintenance.

Decks and Deck Railings
Same comments, above.

Roofs/Ice Dams
There’s no better time to take care of ice dams than in the Summer months when you can stand on your roof! You can read a recent article HERE.

Stone, Metal, Flashing
Stone or brick falling away from chimneys and homes are usually doing so for a reason. Finding the source of a water leak, bad flashing, etc. can save a major overhaul down the line.

Windows
Window seals often fail, and getting glass replaced can take months to find contractors, order glass and install. Waiting until you have a contract on your home puts you in the precarious position I described at the outset of the article. On a related side note, removing window screens during the Winter months is a great way to add longevity to them.

Driveway Sealing and Sidewalks
Sealing concrete is becoming ever more important with Idaho salting roads for Winter safety. This chemical compound rides with your car in the wheel wells and undercarriage, and melts away on your concrete drive creating “spalling”. Simply sealing concrete can help you avoid costly repairs. While asphalt tends to be more resilient in this area, it also requires sealing. Settling concrete walks are also relatively common in the area. Many foam injection companies have moved into the region, offering concrete leveling without the jackhammer. Leveling and sealing sidewalks so that you aren’t worrying about concessions (and trip hazards) down the line is an easy repair and offers great peace of mind.

Hardwood Floors
Hardwood floor refinishing is another one of those services that can vastly improve value, but it requires scheduling far in advance of listing your home for sale.

Lawn & Sprinkler Maintenance
If you’ve ever noticed those hard water deposits on a few of your windows or the white “arcs” on the side of your house, a simple sprinkler adjustment can easily remedy the problem and save thousands in repairs. Similarly, weeding and grounds maintenance is a whole lot easier before it gets out of control.

Rodent and Pest Control
I’ve touched on this and past articles, but rodents and pests can wreak havoc on homes. Field mice can cause significant issues relative to home systems, particularly insulation in crawl spaces. Carpenter ants can do nearly as much damage as termites (which we generally don’t have) in this area, particularly with timber or log homes. Getting a handle on pest control at the outset is a must.

HVAC / Plumbing
Other overlooked maintenance items include furnace filters, house ventilation filters, dryer vent cleaning, electric heater register cleaning, water filtration replacement, HRV filter cleaning and more. If you aren’t capable or interested in maintaining these items, have it noted every time these home systems are serviced by a professional. If you are, a dry erase marker on your HVAC duct is a great indicator as to the last time all of these home systems were serviced. Buyers asking for concessions for these types of services (if they are not obviously maintained) is common.

Tile, Stone and Grout Sealing
Most tile does not require sealing, but stone and granite countertops as well as grout lines usually do. Most stone fabricators will tell you that the initial sealant on granite countertops is good for anywhere from 5 to 10 years, and grout can be sealed more frequently, even as much as annually depending on traffic patterns and use. This isn’t a fun task, but it’s something to consider.

General Cleaning
Easy to forget surfaces such as the tops of cabinets and window tracks are much easier to keep clean if they are cleaned frequently. No, I don’t clean my window tracks every year, but I try to do it every other year if I can.

Each home is different, and each home requires a unique maintenance procedure. Keeping a notepad along with your other house service manuals and getting a feel for your investment can not only save costly repairs down the line, but also pay back in dividends when it comes time to sell.

What I’ve Learned About Ice Dams

April 3, 2023 By Tayson Rockefeller Leave a Comment

Every Winter this comes up. As a Realtor and property manager, I’ve had plenty of firsthand experience here. I think the best way to categorize this article is to break it into two parts; prevention during construction, and repair measures to address ice dams that form after construction. First, let’s go over what an ice dam is, and why it occurs.

Ice damming, what is it, and why does it occur?

Most homes have a roof overhang that extends behind the house. The area that extends beyond the house is not heated whereas the area directly above the living area of the home will inevitably realize some heat loss. As that heat rises into the attic space above the ceiling and insulation, it ultimately reaches the bottom side of the roof which will begin to melt the snow on the roof. The water then begins to travel down the roof. As it reaches the unheated portion of the roof overhang, it re-freezes. This is where an ice dam is formed. The longer this occurs, the further the ice backs up towards the heated portion of the roof, possibly finding an entry point for water into the living areas of the home.

New Construction

It’s impossible to predict where or how an ice dam is going to form. However, we can take some preventive steps, and it’s best to pay special attention to the North side of your project where the roof will see the least amount of sun to help melt away snow and ice. The first line of defense is going to be proper soffit and roof ventilation. If you can prevent the residual heat from warming the underside of the roof and melting snow, we can minimize the amount of ice that will form it on the unheated areas of the roof. This can be done a few different ways.

Ventilation

Usually a proper roof ventilation system will include soffit vents on the underside of the unheated roof overhang portion of the roof as well as roof vents near the top or highest point of the roof where rising heat can escape. Normally your insulator will install what are called “baffles” which prevent the insulation that will be later added from covering the vents in the soffit or roof overhang. It is absolutely key that you have this section inspected before and after insulation (if possible) to ensure that the baffles are not crushed or moved during the insulation process, thus covering the vents and not allowing airflow. I have also seen additional venting in gable ends and even power vent fans to help push the warm air out of the attic cavity. Understanding that not all roof designs have an attic, it doesn’t necessarily mean that the roof cannot be ventilated. I have built shed roof style homes and installed plywood to create a small gap the full length of the roof from the bottom end all the way up to the ridge to add a layer of air ventilation just as a precautionary measure, even on a roof that would normally slide snow such as a metal roof.

Insulation

Insulation is one of those sensitive topics with me. I have my own opinions on insulation types and where they are best applied, but I’ll save that for another article. If you do have a home design with an attic, it’s more affordable than you might think to add more insulation than the building code requires. If we can slow down the heat loss into the attic, we can slow down how much snow begins to melt on the underside of the roof. While the code does require substantial insulation in roofs in our area, there’s good reason to consider overdoing it if you’re going to upgrade something.

Ice and water shield

Most builders will install a waterproof membrane from the roof’s edge beyond the habitable space in the house. As the water backs up, it will be stopped by this impermeable layer, or at least that’s the idea. With every construction job that I’ve been involved with, I’ve opted for ice and water shield on the entire surface of the roof. Yes, this is an added cost. However, ice dams aren’t the only things that cause leaks and the extra insurance might be something to consider.

Existing Construction

The more time you spend in Teton Valley the more you will realize that not every winter is the same. One season might not create any ice damming issues while the next creates significant problems. It’s all about freeze/thaw, temperature, sun, snow load, the list goes on. That being said, almost everybody is going to experience an ice damming problem if they form a long-term relationship with Teton Valley. If you do, I think it’s important to look at causation and repair options.

What is causing the ice dam?

We can go back to the new construction measures to see if they were properly applied with the existing construction. Usually attic spaces are accessible (even though it isn’t very much fun) and those insulation baffles, assuming they exist, can sometimes be inspected after the fact. If one finds that there is no attic ventilation or poor ventilation, roof vents or gable vents can be added after the fact relatively easily. It’s a great time to assess the damage in the Winter months, and be prepared to make repairs in the Summer months when it is safer to do so.

Remedy Option 1, Vents

As mentioned above, roof vents can be installed after the fact. This can be great option to help expel some of the heat out of the attic space. In extreme cases where ventilating the existing roof is impossible, there have been projects (even locally) that have built a replacement roof on top of the existing roof that is ventilated to provide that much needed air gap.

Remedy Option 2, Heat cable

Sometimes heat cable is a necessary evil. We tend to avoid it or turn it off because of the cost, but if it saves us from expensive damages inside our home, it may be the only option available. Heat tape comes in many forms from budget DIY to professionally engineered and installed systems. Further, these systems can be installed with a simple electrical outlet, or hardwired into a 220 volt breaker. The severity of the issue is usually an indicator as to which direction might be best. Either way, remember to extend the heat cable beyond the unheated portion of the roof to above the heated portion for the most effective results.

Remedy Option 3, Shoveling and/or Steaming

Roof shoveling (be sure to consider someone who is insured) can be an easy and effective remedy, especially when an issue is discovered mid-season. In addition, roof steaming is an effective option to remove stubborn ice dams without damaging your roof, but it’s usually an expensive one.

Obviously I am a Realtor, not a builder. Check with your contractor on these ideas, and be careful!

New Construction Contracts

April 20, 2022 By Tayson Rockefeller Leave a Comment

We all know that construction costs are sky high with no relief in sight. This is creating issues for sellers, builders and buyers alike. This article is geared towards buyers purchasing existing spec homes, usually from a broker representing a builder. These contracts will usually include the building site, the construction and usually the landscaping. Obviously, working with a general contractor with a parcel that you own (custom build) is a separate topic, with different financing requirements.

Types Of Contracts
Historically, we have seen regular purchase and sale agreements that give the buyer an opportunity to review the finishes and quality of construction upon completion. That method has been almost entirely replaced with a non-refundable deposit up front with a provision for the contract to be canceled only if the completion is not done by a certain date. This leaves the door open for quality control issues and very little room for changes along the way. In addition, we are starting to see contracts with built-in price escalations based on material costs. This usually gives the buyer an opportunity to withdraw from the transaction in the event that the costs increase beyond the buyer’s budget, but I wouldn’t be surprised if there were agreements that locked the buyer into these potential price increases as well.

What’s Included?
In some cases builders working with brokers will use a traditional State purchase and sale agreement with an addendum or exhibit outlining items that are included in the sale along with the finish schedule, but sometimes they have builder contracts which can be daunting to review and understand. Regardless, it is important to understand what is included in the purchase price. A clear understanding of appliances, landscaping or partial landscaping, window coverings and other items in addition to the home and building site are important aspects.

Change Orders
It has become increasingly common for a builder to simply provide a finish schedule of materials used. Builders are also building in language for potential changes based on availability of materials in the event something needs to be substituted. The issue is that many materials are ordered far in advance and therefore cannot be changed. General contractors would historically hold meetings for finishes along the way, but with the lack of available materials, builders are finding themselves ordering appliances, tile and flooring, doors, windows and trim even before concrete is poured. In many events, this is limiting buyers to very basic modifications such as paint colors.

Financing
Unlike those working with a general contractor to build a home as opposed to buying a spec home directly from a broker or builder, conventional loans are typical. This simply provides that the buyer completes the appraisal and underwriting loan process after the certificate of occupancy is issued. This obviously opens the door to issues with interest rates. Buyers will want to be forward thinking and conservative based on their budget or debt ratios to ensure they can still qualify for the home they have contracted, particularly if they have a contract with a deposit that is not refundable. For those working with the general contractor directly, “one time close” loans can provide some reassurance and create a safety net, but these types of loans are not as common unless building a custom home.

Preparing For Closing
Another risk factor and major consideration are things that may or may not be included, and how to acquire those items within a reasonable time frame as you approach closing. Just like building materials, many items such as furnishings, window coverings, appliances that may not be included in the sale can be hard to find and/or have incredible lead times. Buyers have to weigh not only the risk of purchasing something for home that they don’t yet own, but also need to be careful about making large purchases on credit that may impact their debt ratio in order to qualify for their loan as they approach closing.

Brokers
As a final note, many of these spec home builders are working with the broker to take the direct communication element out of the equation so that they can focus on what they do best. Use your real estate agent’s knowledge to your advantage to help you understand all of the points above, and to create a homogeneous working environment with your lender to ensure a process that is as painless as possible. It is also very important to work with your broker to understand expectations and to be prepared for delays and changes along the way.

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