Appeal of N. Miles Cook, III

The petitioner, N. Miles Cook, III, appeals a ruling of the Wetlands Council (Council) upholding the decision of the New Hampshire Department of Environmental Services (DES) denying his request for a permit to reconstruct and extend his dock on the Piscataqua River. We vacate and remand.

The following facts were found by the Council, or are otherwise derived from the administrative record. The petitioner owns property on the Piscataqua River in Dover. In 2006, he obtained a wetlands permit to construct "a tidal docking structure to serve his private residence," which provides "partial tide…