Red Cedar Point Ass'n v. Flacke

Weinstein, J. P.,

dissents and votes to grant the petition with the following memorandum: An application was filed with the Department of Environmental Conservation (DEC) for a tidal wetland permit authorizing construction of a one-family dwelling and a septic tank on a lot in Red Cedar Point. Pursuant to DEC rules, the dwelling had to be at least 75 feet and the septic tank at least 100 feet “landward from the most landward edge of any tidal wetland” (6 NYCRR 661.6 [a] [1] [2]). The landward edge of a tidal wetland is taken to refer to the mean high water mark at that point. The issue to…