Attorney General Kelly A. Ayotte and Commissioner Michael P. Nolin, of the Department of Environmental Services (“DES”), announce that the Belknap County Superior Court has approved a Consent Decree executed by the State and Robert Scott MacPhee in settlement of a civil enforcement action involving alleged violations of New Hampshire’s Comprehensive Shoreland Protection Act (“Shoreland Act”) and the Fill and Dredge in Wetlands Act (“Wetlands Act”) at Mr. McPhee’s property located along Lake Winnipesaukee, in the Town of Meredith, Belknap County.

The Shoreland Protection Act, aimed at protecting the scenic beauty, wildlife habitat and water quality of state waters, requires that existing natural vegetation on shoreland properties be left in place as much as possible, particularly within 150 feet of the water’s edge. Specifically, the Act bars removal of more than fifty percent of the “basal area” of trees (calculated using the size of the tree’s trunk) within the protected shoreland, and requires that a well-distributed stand of trees be left in place directly along the shoreline. In addition, the Wetlands Act requires a permit from DES prior to constructing any structures in or on the bank of state waters.

During an inspection of the MacPhee property in September 2002, DES personnel observed that more than fifty percent of the basal area of trees had been removed from the property within 150 feet of the water’s edge and that too many trees had been removed from the area immediately adjacent to the shoreline. A later inspection revealed that Mr. MacPhee had also constructed steps in the bank of Lake Winnipesaukee without a State wetlands permit.

Under the terms of the Consent Decree, Mr. MacPhee will pay $40,000 in civil penalties for all of the alleged violations. This settlement figure reflects the fact that after the State discovered the violations, Mr. MacPhee worked with DES to obtain all necessary permits and to restore the shoreline to conform with State standards, including the replacement of trees and other plants along the shoreline. The property has now been fully restored.

“Protecting the beauty and water quality of New Hampshire’s lakes is extremely important,” said Attorney General Ayotte. “All shorefront property owners are responsible for knowing and complying with state environmental laws, including the Shoreland Protection Act.”

For additional information, please contact Assistant Attorney General K. Allen Brooks at (603) 271-3679.