Loading...
HomeMy WebLinkAboutPrivate Docks - Public Rights'~ro~u-~aE 4, ISSUE 6 · MOVEMBER/DECEI Private Fighting ~erhaps in an effon to kaptare the feeling that ~is Oils Reading song inspire;)" more and more people are buying waterfront prope~ along ou~ nation's coast, and docks. In the gets on the in dock In what could be a a U.S. district court of standards in the state's of The court's decision has "made the prior 10 years and all the eftbrts we've undertaken in this division in an attempt to deal with docks worth it,' says Steven Resler, supervisor of Consistency Review and Analysis for the New York Coastal Management Program. He adds, "We and the communities we've dealt with are much more confident in developing these types of standards because of this case. ~II~ere is no other case that we are aware of that focuses on all the issues touched on in the Stutchin case." Causes for Concern The isSUes touched on-by the judge in the Stutchin vs. the Village of Lloyd Harbor case include the impact docks may Carolina,! coastal Carolin "There is no Other case that we are aware of that focuses on all the issues touched on in the Stutchin case." Steven Resler, New York Coastal Management Program Nov./DFC. 2001 (~) Resource Manageinent, "are dock proliferation--how many is too many--and closely tied to that is cumulative impacts." "This is the shoreline equivalent of urban sprawl," agrees Steve Bliven, a research fellow for the Hrban Harbors Institute at the HniversiW of Massachusetts at Boston. "A lot of people are wrestling with this issue.' Stuart Stevens, administrator of the Georgia Coastal ~Management. Program, says, Probably the matn tss with docks is that people [who own waterfront property] believe they have a right to build a dock. They think it's part of their property rights. This is not tree. They have the right of access, but that doesn't give them the right to build anything`" This is the case, Stevens notes, because in most coastal areas, the state or municipalities own tidal lands, which are held in the public trust. On the Court Docket This property rights question is at the heart of the New York lawsuit. According to the judge's summary, the property owners contended that the Village of Lloyd Harbor's refusal to approve their application for a dock behind their waterfront home that was longer than the municipality allows dampened "their legal and constitutional rights to own and use their property and its riparian rights." They argued that this constituted a "taking of their property for public use without just colnpensation." The village's dock standards include limiting thei~ length to 75 feet, or to water depths of 2 feet, whichever comes first. The property owners' permit request to build a llS-foot dock behind their home to accommodate their 36-foot boat was approved by the coastal program and the H.S. Army Corps of Engineers, but was denied by the village. The Stutchins appealed, but filed the lawsuit before the local zoning board made its decision. Making the Rules :: Resler note~:tha~ the village developed its dock g~dards with the assistance of the New York Coastal that the coastal develo[ .which program Plq~ram and t municipality, "It's one of the carrots that we offer the local governments," he says. After receiving state and federal approval, municipalities "wouldn't be out there attempting to defend their standards on their own. They have the state and federal government as partners.' The village's program was approved just a few months after the Stutchins' state permit was requested. Resler, who spent four days testifying in the Stutchin hearing, says the strict dock standards are appropriate for the village because of its communiW character and natural resources. He describes the relatively undeveloped, exclusive residential area on Long Island's north shore as "unique" and "tranquil." The harbor has no commercial uses and is a very "shallow, narrow water body that is fringed by high value, intertidal wetlands.' The area has been designated by the state as "significant coastal fish and wildlife habitat," and only has about 45 residential docks. "When the village decided to participate in the program with us," Resler says, "we began by assessing the character of the village, its development patterns, property values, and natural resource values of everything seaward of the mean high tide line.' When addressing docks, the village and coastal program took into account the possible interference with navigation and public access, the effects docks may have on sensitive natural resources and aesthetics, as well as the issues created by increased boating traffic. "They recognized that wakes and prop washes would cause turbidity and erosion problems,' he says. When you approve docks, "you're not just getting docks alone. Many of the problems come from all the things associated with them.' Resler notes that the village also included public mist language in its codes, ensuring that "anyone has the right to traverse the shoreline in that village, to swim, canoe, take shellfish, or just to stroll unencumbered by unreasonable interference. ~ The In his 68- e writes that the ~roperW, but merely had their to a dinghy launched from t both the mre the protection of the tights · be." was "a substantial rational Nov./DEc. 2001 In South Carolina, 6,700 private docks have been permitted in the past 10 years. "The decision summarizes the range of issues that our department addresses when considering whether a dock and its uses, location, size, and configuration is appropriate in the area where it is proposed," Resler says. The Environmental Question There is still great debate in the scientific community about the effects docks have on coastal ecosystems. Resler says that coastal managers may be "focusing too much on quantifying to the nth degree all the eft~cts of docks on the nearshore environment." NOAA recently awarded the New York coastal program a competitive enhancement grant to assess and attempt to, ~mulative and secondary effects of, other similar structures in area. Whi to develop better and managing these effects ~ back to whether a structure is rea... Science doesn't tell you that. but you've got to bring criteria into play." ~' For more irffo ~,~ ~b;ck,~s yff,o~ to mf~laage dof~,oe~,td:~a ~ of t~ judge s ,~ or