Welcome Island before (top) and after Robert Brown's improvements. The 0.18-acre island is located near Stonedam Island at the mouth of Meredith Bay in Lake Winnipesaukee.
MEREDITH — A local senator who railed against the state’s enforcement of shoreline protection laws on Lake Winnipesaukee said he plans to review the Wetlands Bureau of the Department of Environmental Services.
In the fall of 2009, the Department of Environmental Services filed a lawsuit against Robert Brown claiming he violated laws against filling and dredging wetlands when he built a home and boathouse. Brown recently struck a deal to pay a total of about $61,000 in fines and fees.
Giuda said a combination of Brown’s naiveté and bad legal advice resulted in a nine-year fight that impacted Brown’s health and nearly cost him his home.
“DES pretty much had their way with him,” said Giuda.
In working to assist Brown, he said he spoke with other constituents who have had dealings with the agency and heard things that concerned him.
“As a whole DES isn’t a bad entity. Every complaint I heard comes through the water people (Wetlands Bureau),” he said. “Something in the process needs to be fixed.”
Giuda said the Joint Performance Audit and Oversight Committee has docketed the Wetlands Bureau for review. Made up of five state representativse and five state senators, Giuda said the committee will begin discussion this month. Several bills are also being drafted to address some of the issues, he said.
The administrative requirements and a number of rules are deserving of review, according to Giuda, who believes they “go beyond the pale of what was intended.”
“He lost nine years of his life for an offense that was not that egregious and went and signed a consent decree that signed away his right to argue the merits of the case.”
A spokesman for DES said they are constantly working to improve their processes.
“We would welcome the opportunity to work with Sen. Giuda and others in that regard,” said DES spokesman Jim Martin.
Contractors have complained to state representatives that the length of time it takes for a permit to be issued makes it difficult to get work done during the short, weather-dependent construction period.
Luke Freudenberg of Northeast Dock and Barge Inc., based in Wolfeboro, agrees the system has some problems.
A permit system designed for a 15- to 20-day turnaround for repairs on docks and breakwaters damaged by ice can now take two months.
“You can lose the summer really quickly,” said Freudenberg who has been in the marine contracting business for the past 11 years.
“This is existing stuff that has already been permitted that needs to get fixed.”
Lakefront property owners pay substantial taxes and are faced with the prospects of not being able to use their dock for three months, Freudenberg said, and they are more than willing to pay to hire someone to do the work without a permit.
Tom O’Brien who heads the NH Lakes Association said DES has a challenging mission. In cases like the Brown case, there can be protracted litigation consuming staff time and agency resources.
“In the end if diplomacy prevailed and everyone walks away, it a good thing,” O'Brien said.
