Community Corner

DEC: Georgica Beach Homeowner Needs Permit for Fence

Department of Environmental Conservation says homeowners violated Coastal Erosion Hazard Areas Act.

Calling over two dozen metal pilings on Georgica Beach intended to be "more of a permanent structure" than a typical snow fence, the Department of Environmental Conservation has found a homeowner on Georgica Beach in violation of the Coastal Erosion Hazard Areas Act.

After Mollie Zweig said she lost about 100 feet of sand and a snow fence behind her home in the wake of Tropical Storm Irene, a contractor late last week began installing the pilings said to be on her property, which have remained up after East Hampton Village officials asked work to cease on the project.

But local beach rights' activists have raised their arms in protest, as the pilings are planted beyond the mean high tide mark, thus limiting access during high tide. In response to complaints, DEC officials came out to East Hampton on Tuesday to survey the property and found that proper permits are required.

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"It looks to us that the installation of this fence appears to be a permanent structure, and therefore a regulated activity," said Peter Scully, regional director with the New York State Department of Environmental Conservation. "Unlike a snow fence, this appears intended to restrict access to the area as opposed to retaining sand."

According to the DEC website, the Coastal Erosion Hazard Areas Act, "empowers the Department to identify and map coastal erosion hazard areas and to adopt regulations to control certain activities and development in those areas. The backbone of these regulations is a permitting system aimed specifically at all proposed construction in erosion hazard areas."

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Scully pointed to the metal posts installed in footings on the beach front property, which Zweig says she has owned for roughly the past 30 years. She said that past restoration efforts have taken place without any problems, and didn't see any problems with this fence.

"I lost 60 feet of sand a few years ago and had it restored mostly," Zweig said on Wednesday. "It gets washed away. It gets restored. I'm not trying to steal any beach. I'm only trying to protect my property that I pay taxes on. It's deeded ... If I wanted to steal the beach, why wouldn't I go wider and further down? I'm just trying to save my property line."

Tim Taylor, president of Citizens for Access Rights, a civic group which supports public access to beaches, said he received a copy of Zweig's deed through an Freedom of Information Law request. According to the deed, Taylor said, in 1988 the deed on the property extended approximately 165 feet from the home.

"It's possible the beach front has eroded onto this person's property, so to speak," Taylor said on Tuesday. "But whether or not they are losing property due to erosion is one thing. It's another thing to act without DEC, town, or village approval."

Scully said on Wednesday that he was unsure what steps would be taken next, as the DEC had yet to communicate with East Hampton Village officials as of early Wednesday afternoon. He said the fact that the homeowners discontinued constructing the fence when asked would be taken into consideration, perhaps resulting in a warning letter rather than a fine. He said he was unsure if the metal pilings would need to be removed.

While Zweig said she received verbal permission to restore her property following Irene, Village Administrator Larry Cantwell said he was not aware of any such request.

"What does 'restore your property' mean, anyways?" he asked.


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