No permit to build marina over marshlands where existing facilities can accommodate need.

Topic: Environmental Law, Decided by Judge Miller 
Docket Number: 1408563 , Decision Date: 2014-02-21 
Attachment: Click here to download the decision. 

Bull River Bluff Properties, LLC, an applicant for a permit to build a marina over state-owned marshlands, did not meet its burden under the Coastal Marshlands Protection Act to show that existing public facilities cannot meet its water-related needs.  As a general rule, a permit should not be granted where there are alternatives to constructing over marshlands that can satisfy the need.  Applicants did not show that there were insufficient docking spots for boats in the area and did not show any special circumstances to overcome the general rule.  While the residents of Bull River Buff Properties want to increase the value of their property, maintain exclusive control over the place where they dock their boats, and ensure an optimally convenient location to engage in boating activities, these desires are not outweighed by the public interest in this case.