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Property owner seeks agreement after shoreline sand placement; board refers case to corporation counsel
Summary
A Lake Nocochoke resident told the board he placed sand on the sloped shoreline after a pet drowned and faces a Dartmouth Conservation Commission cease-and-desist; the Watuppa Water Board said shoreline permitting is the conservation commission’s purview and voted to refer the matter to the corporation counsel for legal guidance.
A Lake Nocochoke property owner asked the Watuppa Water Board on Jan. 27 for help resolving a post-hoc shoreline work dispute after the Dartmouth Conservation Commission issued a cease-and-desist.
Jason Lord said he added sand along a steep drop-off at his property to make the edge safer after a pet drowned. He told the board he had since hired an engineer and was preparing a Notice of Intent for the conservation commission’s Feb. 10 meeting. "I'm not trying to get over on anything, honestly," Lord said, describing his desire to narrow the scope to safety improvements and work with lawyers if necessary.
Board members explained the city’s authority is limited to water quality and flow; shorelines and land-use jurisdiction fall to Dartmouth’s Conservation Commission. Member Ferrer and others noted the board owns the land under the water but cautioned that signing off on non-water issues — or issuing case-by-case post-facto approvals — could create precedent and liability for the city because recorded Notices of Intent are a matter of public record and may appear on deeds.
Given those concerns, the board voted to refer Lord’s documentation and the item to corporation counsel for a written legal opinion on the board’s boundaries and potential next steps. Board members said they would have counsel contact Lord’s attorney when the review is assigned.
What happens next: The law department will prepare an opinion for the board. Jason Lord was advised to notify the Dartmouth Conservation Commission of his status and to inquire about extensions there while the city completes its legal review.
