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Fence blocking the Peconic River is legal

peconic-pix.JPG
A fence behind Evelyn Koubek blocks a portion of the Peconic River from public use.

Newsday photo by Karen Wiles Stabile


On the Peconic River, where it passes beneath Connecticut Avenue in Manorville, I’m able to canoe east to Peconic Bay if I carry my boat over land in spots. But westbound, the passage is blocked by a chain-link fence owned by the Peconic River Sportsman’s Club. I thought there were laws in New York that precluded blocking a common waterway.

-- Evelyn Koubek, Huntington

After we called, the New York State Department of Environmental Conservation (DEC) investigated the fence in Manorville, and it's an exception to the rule..

The state’s Freshwater Wetlands Act requires a permit for any obstruction to freshwater wetlands. However, since the fence was erected before the act was passed in 1975, there’s no violation.

“It predates the law, so it was grandfathered in,” said DEC spokeswoman Maureen Wren. “If the club were to change or replace the fence, they’d have to apply for a freshwater permit.”

The club's property covers about 400 acres that house several historic buildings, a game preserve, a 38.5-acre fishing lake, and archery, rifle and pistol ranges.

The fence dates to 1932, when the property was still part of the Woolworth-Donahue estate, according to the club’s secretary John Hall.

Long Islanders with concerns regarding freshwater obstructions should call the DEC’s regional office at 631-444-0200.

-- Michael R. Ebert
Staff researcher

Related topics on this issue:

  • “Freshwater fishes of LI” (Newsday)
  • The Manorville-East Moriches Civic Association

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    Comments (5)

    Out here in colorado but it is illegal for the fence to touch the water but landowners do it all the time any way. Our law states that the land under the water is owned by the land owner but we ared allowed to be in the river floating down it. I hope some one pulls a Hayduke on this fence so that the public can enjoy it the way it supposed to be.

    Very simple.

    A pair of wire cutters will take care of that problem.

    we will just wait for nature to rust the fence to death.

    click on this,

    http://maps.google.com/maps?f=q&hl=en&geocode=&q=&ie=UTF8&t=h&ll=40.900543,-72.774596&spn=0.001894,0.004946&z=18

    or this

    http://maps.live.com/default.aspx?v=2&cp=qth1sq8y1wz9&style=o&lvl=2&tilt=-90&dir=0&alt=-1000&scene=9924791&encType=1

    both show aerial shots of the river,

    the river only advances another 300ft upstream before it hits land and dirt road...you cant continuously canoe past that point because the water flows though box culvert

    between 200-300 ft

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