Attorney General Kelly A. Ayotte and Commissioner Michael P. Nolin, of the New Hampshire Department of Environmental Services (“DES”), announce that the Coos County Superior Court ruled Monday that Pittsburg landowners Rose and Joseph Marino must pay penalties for violating the Comprehensive Shoreland Protection Act, the Dredge and Fill in Wetlands Act, and the Water Pollution Control Act. The Court ordered the Marinos to pay penalties totaling as much as $65,000.00 for constructing a single-family residence within 50 feet of the shoreline of Back Lake and for altering the bank of Back Lake without state approval. The ruling may also result in removal of all or part of the existing structure. The ruling comes in a civil enforcement action filed by the state in December 2004.

The Marinos own a 0.13-acre parcel adjacent to Back Lake. In October of 2004, the Marinos began construction of a new home between 15 and 20 feet from the edge of the lake on the previously undeveloped lot. The Marinos installed pipes, sinks, toilets, and other water-related fixtures in the home claiming that they were exempt from State septic and shoreland laws. The Marinos also excavated for an overflow drain in the bank of Back Lake and placed fill from their excavation on the banks of Back Lake without authorization.

On Monday, September 11, 2006, the Court (Vaughn, J.) ruled that despite repeated warnings by State officials, the Marinos continued constructing in violation of State law. The Marinos persisted even though, as the Court said, the law should have been “abundantly clear to Mr. Marino.” The Court ruled that the Marinos’ actions showed “a callous disregard for the rule of law.” In fact, even after being sued by the State, the Marinos actually asked their contractor to “rush the project to completion,” the Court said. The Court further ruled that the record was “replete with examples of this deliberate conduct.” The Court assessed a penalty of up to $65,000 for the Marinos’ actions. More importantly, the Court ruled that the Marinos must either obtain appropriate after-the-fact authorization for the existing structure, or remove the structure either in total or in part.

“This decision protects several important State programs and refuses to reward a willful disregard for State law,” said DES Commissioner Michael Nolin.

“Given the deliberate nature of the Marinos’ violations, enforcement actions like this one are necessary to ensure that people do not profit from their willingness to ignore State environmental requirements,” said Attorney General Ayotte.

A copy of the Superior Court decision  . For further information, contact Assistant Attorney General K. Allen Brooks at (603) 271-3679.

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