DES issued a permit to the Town in November 1997 authorizing 8,000 square feet of maintenance dredge of the Vilas Pool dam. The following August, after receiving several complaints about heavy equipment in the Cold River and heavy siltation downstream of the Vilas Pool, DES personnel inspected the Vilas Pool area and observed siltation extending three to four miles downstream. DES personnel also observed that an area of over 140,000 square feet had been dredged, an area far in excess of the Town's permit, and that the Town had failed to provide for proper siltation and erosion controls. Additionally, DES inspectors found a 389-foot long road that had recently been built into the River and that was eroding into the River. Subsequently, the State filed suit against the Town seeking civil penalties for violations of the State's environmental laws.
Wetlands are important and unique environmental areas.
The destruction of wetlands alters the property itself and changes its basic character, to the detriment of the public good. As a result, this suit is not only against the Town, but also its officials individually and in their official capacity. This action reflects the importance that New Hampshire places on compliance with environmental laws, by both private and public entities.