New Kent leaders have little power in resolving duck blind dilemma

During the regular monthly meeting in October, New Kent’s Board of Supervisors were approached by homeowners in The Colonies subdivision in Lanexa about duck blinds they felt were too close to their homes. Unfortunately for those homeowners, there is little county leaders can do to resolve the situation.

County administrator Rodney Hathaway addressed supervisors during the Oct. 28 work session about research and information he received from the department of Game and Inland Fisheries. And despite the closest hunting accessory being less than 200 yards from the nearest homeowner, according to the county administrator, he has done nothing illegal.

“The homeowner is in compliance with state law,” Hathaway said. “Even though he is not required to have licenses to put them up, they are on his land and are legal.”

Hathaway advised board members there were two ways to resolve the issue. However, those resolutions have major drawbacks and were more than likely impossible to consider.

“The first thing we can do is enact an ordinance that prevents discharging a weapon within a certain distance of a home,” the county administrator commented. “But you can’t limit that to just this one area. This would have to be enacted for the entire county.

“The second thing you can do is make it a no hunting zone,” Hathaway continued. “But if you do that, the landowner can say he is in compliance with state law. Under those conditions, he could legally challenge us because the state law would trump our local law.

“There is nothing we really can do about the situation,” the county administrator concluded.

District 5 supervisor Ray Davis has been acting as a liaison to remedy the solution between residents of The Colonies and the adjacent landowner.

“The three major complaints that I am receiving refers to the aesthetics, safety, and the noise,” Davis commented. “I have spoken with the landowner and tried to work things out for both parties.

“Unfortunately, the last time we spoke he referred me to his lawyer,” Davis said. “Because it is his property and he is not doing anything illegal, it’s very little that we can do.

“I urge homeowners in that area to keep a record of what they hear,” the District 5 supervisor continued. “It’s the best advice we can give as of this time.”

County attorney William Hefty also advised county leaders that any changes to ordinances that would affect duck blinds would not go into effect until next year. Also, the county could face legal ramifications if such changes were made.