Sitrick said that Snyder thought the Park Service would contact the county. Brandt, however, said he "specifically articulated" to Snyder that he needed to secure county approval.
Another source of contention is Brandt's decision to allow Snyder to remove 20 diseased native species of trees.
Montgomery County officials say Daniel Snyder might have broken county law by cutting down more than 130 trees.
(John Mcdonnell -- The Washington Post)
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According to documents, the former park superintendent, Douglas D. Faris, told Snyder's representatives in 2001 that the easement forbade the removal of "diseased, dead or injured trees" in "nonhazardous situations."
"These trees provide critical wildlife habitat," wrote Faris, who is now deceased.
Brandt acknowledged that it is unusual for the Park Service to allow the removal of dead or dying native trees in a protected area. But he said he had to give up some things as part of the negotiations with Snyder.
Under the terms of the original easements along the canal, property owners were required to preserve mature trees but had the right to remove or trim trees with trunks six inches or smaller.
Still, the Park Service said it prefers that the smaller trees be left intact to provide wildlife habitat and maintain a buffer between homes and the canal, according to correspondence between the government and Snyder's representatives.
Last June, however, Snyder cleared most of the smaller trees from the property, which is about an eighth of a mile north of Swains Lock, park officials said.
When Snyder later asked for a special exemption to cut the larger trees, Brandt said he decided to negotiate a solution that would represent "an equal exchange of interests."
In the past, the Park Service has taken a much dimmer view of those interested in cutting down trees.
Timbering on the Virginia side of the river by then-Sen. Charles S. Robb (D) prompted a Park Service investigation that ended only when federal officials discovered they lacked jurisdiction.
In 1992, waterbed manufacturer Isaac Fogel spent 15 days in a halfway house for unauthorized cutting. Three years earlier, James Grafton Gore Sr., a brother of former Republican activist Louise Gore, paid a six-figure fine and swore on the courthouse steps: "I'll never touch another tree so long as I live. Trust me."
