Attorney General Philip T. McLaughlin and Department of Environmental Services Commissioner Robert W. Varney announced today that a civil enforcement action has been brought against Richard E. Marriott of Washington D.C. and Tuftonboro, New Hampshire for violations of New Hampshire wetlands laws and trespass on the state's waters held in public trust for the benefit of all the people of New Hampshire.

The lawsuit, filed in Carroll County Superior Court, alleges that Mr. Marriott converted a boathouse that had been used primarily for boat storage and docking into a four bedroom residence after being advised by the state that the law did not permit such a conversion. The newly converted residence has air conditioning, three bathrooms, a new kitchen, new wiring, and new plumbing. The boat docking and storage area is walled off from the residence.

Under New Hampshire law, natural bodies of water greater than ten acres belong to the state and are held in trust for the benefit of the people of New Hampshire. The public trust doctrine prohibits a private landowner from interfering with or infringing upon the public's right of use and enjoyment of public works. In its complaint, the State has asked that the defendant be order to remove all renovations to the boathouse and to restore the boathouse to its original intended use as a structure for the docking and storage of boats.

In addition to the allegations pertaining to the defendant's conversion of the boathouse to a residence, the complaint also alleges that the defendant's contractors, after being advised of the need for a permit, dredged and excavated in wetlands and in the bed of the lake without obtaining a permit. New Hampshire law requires a state permit to perform work in the bed of a lake or in wetlands.

The complaint filed by New Hampshire seeks full restoration of all environmental impacts resulting from the defendant's work in the wetlands and the bed of the lake, restoration of the boathouse to its original condition, and the payment of civil penalties for violations of RSA 482-A.

For additional information, please contact Associate Attorney General Leslie J. Ludtke at the New Hampshire Department of Justice, (603-271-3658).