Repercussions from non-permitted dock construction/additions/repairs
 

We are in the process of planning an overdue re-construction of our dock, and had some interesting discoveries when we received word of what was actually permitted on our property.

In a nut shell, our dock has several "additions" which appear to have been added over time, without proper permitting. As best we can tell, they have been there for nearly 20 years, well before we purchased the property approximately 5 years ago.

We are in the process of returning the dock to its approved state, prior to starting any new permit applications, but are curious what the potential repercussions could be? Is there any point where the structure becomes grandfathered?

Thanks in advance!

I have always believed in the "it's easier to ask forgiveness than permission" mentality. Specifically, that if you were only repairing what was there, that I wouldn't have even opened the can of worms. But since you have, when dealing with our town's building department a month ago, we were told that we could do any demo we needed but couldn't create anything new, and that we weren't responsible for any alterations the previous owners had done but that they might have to be remediated if too far out of code, etc.

Good luck!

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How did you find out that what is in place presently is not "approved"?

Based upon records from the tax assessors office.

Can Of Worms
 

You opened a can of worms that you never should have...

I dont think it will draw any unnecessary attention. They were actually received when I was pulling a permit for other work on our home - I simply requested all the information they had pertaining to the property. Its been two years and a tax assessment since and no one has said a word. The only reason its come up now is because we are actually starting to plan for the dock renovations.

If your dock is permanent (as in, installed year-round) and you are doing work in the water to reconstruct it you should have obtained a permit from the NH DES Wetlands Bureau. The "grandfather" dates are 1969 for permanent structures and commercial structures and 1978 for single family seasonal structures. If you did not build the illegal structures then there would not be any possibility of getting fined for their existence. You would not however receive a permit to repair them if they do not meet current standards, and if the illegal structures were to come to the attention of DES through any means the state could order that the illegal structures be removed. If any of the modifications do meet current standards then you could apply for a permit to keep those additions after-the-fact.

D. Forst
Shoreland Section Supervisor
NH DES Land Resource Management Programs

This is all theoretical. I have a neighbor that sawed down trees to improve his views, about 10 feet from the lake. Tore down and rebuilt a shore line rock wall, Installed a 20x20 cement pad to install a new dock. Tore out and rebuilt a beach, paved his driveway, within 50 feet of the lake, Ripped out his lawn within 20 feet of the lake, and planted what looked good, ALL with no permit. Neighbors complained, no results. He now has a nice place.

The lesson, as stated before, just do it, and chances are you won't be caught. His place is now for sale, Caveat Emptor, I guess.

Sadly, this seems to be the case on our lake too.

Yes. It happens frequently. The state spends too much time making life difficult for the folks who are trying to do things correctly and rarely does it pursue the folks who just do what they want. The rule book makes my head hurt and I do believe the complexity leads to folks throwing up their hands and doing what they want and risking the consequences. Too much bureaucracy and not enough practicality.

I remember calling DES when we first moved back to NH. I knew the rules were strict and I wanted to do the right thing. I remember being told that if there was a spot in my yard where puddles formed after a rain I could be in violation by dumping grass clippings in that spot. It pretty much convinced me then and there that anything I did would be a violation - oh well why bother??

Shorethings - please don't take this as a criticism of you. You are an incredibly helpful part of the forum and I appreciate your pragmatic understanding of the rules. Unfortunately not everyone shares your common sense take on these things.

No problem.