Commission wants to protect Housatonic River

They have the potential to be a real force in maintaining the well-being of the Housatonic River, but their profile is as low as, well, as low as the river in an August drought.The Housatonic River Commission (HRC) is an assemblage of representatives, two from each of seven towns along the river, from North Canaan to New Milford. They are now taking steps to have a more visible presence among the many town and regional agencies that weigh in on projects that impact the river and its shoreline.It is an advisory committee, and its aim is not to be more than that. At its monthly meeting March 13 at Cornwall Consolidated School, members approved a draft of a letter written by Falls Village representative Ellery Sinclair. Dan McGuinness, executive director of the Northwestern Connecticut Council of Governments (COG), will send the letter from his office to zoning enforcement officers, land use administrators, planning and zoning and inland wetlands commissions and any other local land use agencies, as well as the board of selectmen in each town. The COG is an organization of the first selectmen from nine Litchfield County towns, including all six towns in the Region One School District. The goal is simply to let them know that projects proposed to take place in the watershed, whether it be construction, bank retention or herbicide application or anything else, need to be reviewed by the river commission. It is the same process as the required review by COG of zoning and land use changes. COG has 35 days to review, and generally returns comment before an agency’s next monthly meeting. In the case of either, a different perspective can be invaluable. Flawed zoning can impact other towns. A poorly planned bank retention can impact other properties, or the entire river.Right now, it works primarily as a watchdog entity, with nonpermitted projects spotted by neighbors, commissioners and others, that almost always mean legal action. Worse, it may mean an irreversible impact on the river.“It doesn’t have to work that way,” said HRC Chairman William Tingley. “We are friends of the river and we need people to be friends of ours.”The letter came out of a discussion at the prior meeting in which commissioners discussed their frustrations over being ignored and about inconsistencies in the process. “Some agencies are working with us. Some are working without us. Some are against us,” Tingley said. “But mostly, people don’t know about us.”Phil Hart, from Cornwall, asked members to double check a large poster he saw hanging prominently in a Falls Village business. “It was an HVA [Housatonic Valley Association] poster that listed organizations that support the health of the Housatonic River. I didn’t see Housatonic River Commission listed. Maybe I missed it, but it was a big display and I checked it carefully because I couldn’t believe we wouldn’t be included.”Elaine LaBella, who represents Kent on HRC, is the land protection director for HVA. She was not at that meetingSean Hayden of the Northwest Conservation District was invited and did attend the March HRC meeting. He was part of a discussion about how the process should work, how some recent projects have become models for the process and for bank retention and how others fly under the radar, and when the Army Corps of Engineers gets involved.“Often, what happens is neighbors rat out neighbors, a project is inspected, there’s a cease and desist and then the permit process starts,” Hayden said. The state Department of Energy and Environmental Protection, Hayden said, is working on simplifying the permitting process for stream stabilization. There are also reviews by federal agencies of emergency watershed protection.That continues to be a big issue, since last August and Tropical Storm Irene. Hayden said projects, such as the bank stabilization along Mill Brook in West Cornwall, can and need to be done quickly, outside of the normal review process.“After Irene, there was a bunch of money handed out and towns were told to stabilize your bridges and banks. There was a lot of work right next to and even in the river that was fast-tracked. That’s a unique situation.”Outside of emergencies, Hayden suggested HRC consider suggesting ways to make even well-engineered stabilization projects more aesthetically pleasing.Lynn Fowler, of North Canaan, said she uses Google Earth’s satellite imagery to spot telltale clumps of white rock — inexpensive limestone rip-rap used on banks. It is a good way to find nonpermitted projects. And the rock is also unsightly to those using the river for recreation.Hayden said there are ways to soften those installations, by using gray rocks and/or planting vegetation on top of rip-rap. But property owners can only be urged, not forced, to go to the added expense.