KENT COUNTY, MARYLAND
COUNTY COMMISSIONER'S

PUBLIC HEARING - 7/22/2003

IN THE MATTER OF APPEAL OF DECISION OF PUBLIC LANDINGS AND FACILITIES BOARD ON APPLICATION SUBMITTED BY HERSCHELL B. CLAGGETT FOR SIX MOORINGS ON WORTON CREEK v. Mooring Buoy Permit HERSCHELL B. CLAGGETT PETITIONER

In accordance with Code of Public Laws, Section 68 "Boats and Boating", an administrative review was held on Tuesday, July 22, 2003, at 1:00 p.m. in the County Commissioners' Hearing Room, County Government Center, Chestertown, Maryland in the matter of the decision made by the Circuit Court for Kent County remanding the decision back to the Commissioners appealing the decision on May 12, 2003 by the Public Landings and Facilities Board, (PLFB) to deny an application for six (6) moorings in Worton Creek by Herschell B. Claggett.

County Commissioners, William W. Pickrum, Roy W. Crow, and Scott D. Livie,were in attendance as well as Susanne Hayman, County Attorney, and Herschell B. Claggett. Carter Stanton, Director of Public Works, Mr. and Mrs. John Patnovic, Worton Creek Marina, and their legal representation, Dan Saunders, were also in attendance.

Ms. Hayman gave a chronology of the events relating to the denial of Mr. Claggett's application for six mooring buoys advising that the PLFB felt the arc of the swing for the mooring buoys was excessive. She advised it would be Mr. Claggett's burden to prove error in the PLFB's decision.

Mr. Claggett presented photograph of Worton Creek Marina illustrating the situation as it exists today. He stated that the mooring buoys degrades his property by trash being disposed, trespassing and denied hunting rights. He stated he believed the County denied his riparian rights.

Mr. Claggett advised of his withdrawal of his mooring buoy application as the moorings would be gone in September. He advised that he was informed when the property was purchased that the Worton Creek moorings were non-conforming and allowed to continue at the discretion of the Board. He objected to Worton Marina using his water space all Summer long. Mr. Claggett suggested legislation be written to allow non-conforming moorings with the permission of the land owner so the landowner could receive financial benefits.

Mr. Claggett requested the County pay for legal bills relating to the matter.

Commissioner Pickrum concluded the hearing at 1:35 p.m.

Mr. Saunders requested to be heard and the Commissioners granted him time relating to the matter. Mr. Saunders advised that up until 1980's the Army Corps of Engineers had jurisdiction over moorings; at that time, the State made provision for local government to regulate moorings. Kent is one of two counties who regulate moorings. He stated at that time the Commissioners wanted to protect marinas operating in the County. Mr. Saunders advised that grandfathering the mooring buoys was to protect the marina industry as some marinas do not have a vast shoreline for boat slips and the business from moorings, (service, gas, etc.) was needed in revenue. Mr. Saunders stated that the waters of Maryland belong to the people of Maryland and Mr. Claggett was an example of a property owner who purchased land with the moorings already in place and then objected to their existence.

Mr. Saunders stated that legislation removing the moorings on November 1 was a reasonable solution for all parties given the unpredictability of hunting regulations from year to year. Mr. Saunders thanked the Commissioners for their time.