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News Release

For Immediate Release
May 5, 2010

Senior Assistant Attorney General K. Allen Brooks
(603) 271-3679

Homeowner Assessed Fine of $50,000 for Unlawful Construction of Retaining Wall along Lake Winnipesaukee

Attorney General Michael A. Delaney and Commissioner Thomas S. Burack, of the New Hampshire Department of Environmental Services ("DES"), announce that the Belknap County Superior Court (O'Neill, J.) approved a settlement between the State and Dennis Proulx to resolve a lawsuit filed by the State for violations of the State's wetlands laws. The settlement imposes a $50,000 penalty on Proulx, $25,000 of which will be paid to the State and $25,000 of which will be permanently suspended if he does not violate the settlement or State environmental laws again within two years of the entry of the settlement agreement. Proulx must also remove all but a few feet of an approximately eighty-five foot long retaining wall which was constructed along Lake Winnipesaukee in violation of State laws. The portion that DES has allowed to remain is approvable under DES regulations contingent on approval from the Governor and Executive Council.

Proulx obtained a permit-by-notification prior to beginning construction of the wall but failed to abide by its terms. He then sought DES approval after the fact which was denied. Proulx appealed the DES denial to the New Hampshire Wetlands Council and also filed an action to quiet title against the State claiming that the wall was not on State land or within State jurisdiction. He also filed a lawsuit seeking to have a Wetlands Council rule declared invalid. In the settlement, Proulx admits to wrongdoing and agreed to withdraw both his permit appeal and the court actions.

Copies of the settlement agreements are available upon request.

New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658