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Letter To The Editor: Legislation Could Affect Property Rights Along The Shoreline

"In my opinion, these changes are based on unproven science such as “Global Warming.”

This letter is written by Neil Nichols of Clinton:

On February 22, 2012 I attended the HB 5128 Hearing at the State Capitol. The Hearing was well attended. Additional Hearing(s) may be scheduled allowing for additional public comment.

The following are the most significant changes to the bill which would affect private property ownership along the shoreline.

House Bill 5128 – an act concerning certain revisions to the coastal zone management statutes would be amended to introduce three new and, for private property ownership in CT, devastating concepts to CT state law.

In Section 1 (a) (5)Re “shoreline armouring” (a European concept), this change would work to reduce the necessity of public expenditure and shoreline armouring to protect future development from such hazards as a sea level rise, coastal flooding and erosion patterns.

In Section 1 (b) (K) “strategic retreat” this change would encourage strategic retreat of property ownership over several decades for coastal lands that have a likelihood of being lost due to erosion and coastal lands that contain structures that are subject to repetitive damage.

In section 2 a new subdivision would be added relating to sea level rise.

In Section 3 several changes are made introducing, for instance, an assessment based on the topography of the site, of the impact that a sea level rise will have on the proposed use or structure over the use or structure’s projected life span.

As testified to by Senator Fasano at the 02/22 Environmental Committee hearing, the changes represent a substantive overreach by the Committee. In my opinion, these changes are based on unproven science such as “Global Warming.”

All three concepts have been developed and are being pushed by Agenda 21/ICLEI groups. They are promoting strategic retreat as being necessary since they cannot afford to buy these properties and need to have municipalities work to devalue the properties and, once devalued, buy them.

A program enlisting the State of CT, municipalities and private groups to push such an agenda would be, at its worst, in violation of an individual’s constitutional rights.

- Neil Nichols

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David Moloney May 21, 2013 at 10:07 am
The plan to let dogs off leash needs clarification. The park and the town are in the planning phasesRead More of a fenced off leach area that was designed by landscape architecture students from UCONN. This is part of the overall plan for the the park. The area slated for use is north of the Bauer Farmhouse on the other side of Copse road. It is in the wooded area on the other side of the brook abutting the cliffs. I agree dogs should be allowed off leash, however some dog owners are not in full control of their dogs, so the fenced off leash area is a good alternative for the safety and enjoyment of all.
liz May 21, 2013 at 09:36 am
I think a fenced in area is the way to go. Not everyone has control over their dogs. I often walkRead More there with my dog and little kids and my kids have been knocked down and even nipped at by excited dogs whose owners have no control. We go to the dog park in Clinton all the time and the dogs have a great time and it's great for young dogs who aren't 100% trained yet.
tom burland May 21, 2013 at 09:00 am
Leslie, please note these are not rules being introduced. Madison's leash laws are years old, theRead More new request is to allow dogs off leash in specific areas. To the best of my knowledge dog owners allowing dogs to run free are violating current law. Driving down Copse rd often, i have seem dogs run into the road. I think the responsible thing is to fence in a large portion of the property to allow dogs to be free of leashes, run freely, get great exercise, and frolic with dogs owned by similarly minded and responsible owners who accept the potential risk of an occasional bite or two. I have lived in Madison for 20 years and we have always had a leash law...