Toner Dock Denied By DEP

June 24, 2009 by admin comment

The Ash Creek Conservation Association won a major victory with regards to the Toner dock application. The Proposed Final Decision issued on June 23 not only impacts Toner’s dock, in denying the dock application, but future dock applications, (if any) in tidal wetlands throughout Connecticut with powerboat use are unlikely to be approved.

Thank you for your continuing financial support and membership. We could not have achieved this without you. Special thanks to pro bono representation by Attorney Barry Hawkins of Shipman & Goodwin LLP, who challenged the underlying assumption by DEP that they did not have the authority to regulate the use of docks, just the dock structure.

We have attached the PDF file of the final decision, but we’ve also excerpted some of the highlights below

IMPACT ON ENVIRONMENTAL LAW

The applicant’s proposed dock is designed and engineered specifically to accommodate a number of private recreational uses, included berthing and launching a twenty-four foot long, outboard-powered boat. At the time of the department’s review of the application, staff was of the opinion that the governing statutes and regulations did not authorize the Commissioner to consider the intended use of the proposed dock in permitting decisions. ACCA specifically raised the question of the Commissioner’s jurisdiction to do so, which lead to my ruling that the Commissioner had the authority to consider the environmental impacts that result from use of the dock as any use would be inextricably linked to its presence in Ash Creek.”

TONER DOCK DECISION

"I recommend that the Commissioner deny this application without prejudice to the applicant to request a re-evaluation of the application or submit a modified proposal. I further recommend that the Commissioner authorize staff to review any such application and recommend any necessary permit conditions and/or modifications to the structure and the means available to the department to protect and maintain the coastal resources present in Ash Creek.”<

This means that Toner can resubmit a modified proposal, such as a shorter dock without storage facilities for a powerboat. Our victory does not mean that a dock cannot be built, but that a dock built for the purposes of powerboat usage cannot be built.

ACCA Board of Directors

Officers:

Gail Robinson, President

L. Kraig Steffen, Vice President

Ed Piquette, Treasurer

Mary Erkan, Secretary

Directors:

Donna Curran

Kristine DeMarco

Lilyan Hawkins

Andre Ruellan

Roger Ludwig