For Immediate Release
October 8, 2009
Senior Assistant Attorney General K. Allen Brooks
Attorney General Michael A. Delaney and Commissioner Thomas S. Burack, of the New Hampshire Department of Environmental Services ("DES"), announce that the Rockingham County Superior Court (McHugh, J.) approved a settlement between the State and the defendant, Michael Pantaleo ("Defendant"), to resolve violations of the State's shoreland and wetlands laws. The settlement imposes a $40,000 penalty on the Defendant, $25,000 of which will be paid to the State and $15,000 of which will be permanently suspended if the Defendant does not violate the settlement or State environmental laws again within three years of the entry of the settlement agreement.
In its lawsuit, the State alleged that the Defendant violated the Comprehensive Shoreland Protection Act ("Shoreland Act") and State wetlands laws by constructing a retaining wall along Arlington Pond and by constructing a large stone patio, firepit, stairway, and other structures all within the zone protected by the Shoreland Act. In order to resolve the lawsuit, the Defendant restored all of the areas that the Department determined were altered without authorization. This included the complete removal of all items that could not be approved.
"Our law abiding citizens are entitled to be assured that structures built in violation of the law will be required to be removed," said Attorney General Delaney.
"Restoration is an important component of resolving all violations," said Commissioner Burack. "We cannot allow a penalty for a violation to simply be a cost of doing business."
Copies of the settlement agreement are available upon request.
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301