PRIME HOOK BEACH, Del. - A concrete dune crossover built without state approval at Prime Hook Beach must be removed and the dune restored, according to a newly released decision from the Delaware Department of Natural Resources and Environmental Control.
In a letter dated Jan. 16, DNREC formally denied a coastal construction permit for the concrete ramp stretching roughly 118 feet seaward of the building line and ordered the property owner to remove it within 15 days.
The structure, located on Lot 2 in Clifton Shores, had been under state review since December, after neighbors and environmental advocates raised concerns about its impact on dunes, wildlife, and public land.
According to the denial letter signed by DNREC Shoreline and Waterway Management Director Stephen Williams, the concrete crossover was constructed seaward of the building line without prior approval, violating state beach protection regulations.
The permit application, submitted after construction was completed, indicated the structure would be used both as a dune crossover and as a boat ramp.
DNREC determined the structure does not meet regulatory requirements and does not qualify as a type of structure that must be located seaward of the building line, according to the DNREC letter.
The department also cited overwhelming public opposition as a factor in its decision.
DNREC says it received 28 public comments during the review period, with 27 opposing the permit and one in favor. The single comment supporting the project came from a neighboring property owner who shared in the construction costs, according to the letter.
State officials also raised concerns about increased vehicle traffic over the dune, particularly from launching boats and other watercraft.
DNREC warned that such activity could negatively affect migrating and local species, including horseshoe crabs and red knots, a bird species listed as threatened under the federal Endangered Species Act.
The department said it has both the authority and responsibility to protect wildlife and sensitive coastal environments.
DNREC ordered the full removal of the concrete structure and directed the property owner to restore the dune to its previous contours. The restoration plan includes grading the sand to match surrounding dunes and replanting with Cape American beach grass.
Failure to comply within 15 days could result in the state pursuing legal action to compel removal, according to the letter. DNREC also classified the structure as a public nuisance under state regulations.
The property owner has the right to appeal the decision to the DNREC Secretary within 20 days of the ruling. Any appeal could trigger a public hearing.
As previously reported by WBOC, DNREC officials had said removal and fines were possible outcomes if the permit was denied.