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MAXUM · 08-01-2011, 06:21 PM

Yes the town, DES or both can make you tear out what has not been done properly permitted.

The problem with many of these places is that things were done many times without permits "under the radar" and now when they hit the market they are finding out oops that's a problem. If the current owner doesn't fix it guess what, you do as the new owner. IF DES gets tipped off to any kind of setback, dock or septic violations they will respond and will force you to remove and restore anything that was done without permit or face fines especially if it doesn't meet current requirements. I'm not so sure the towns are quite as zealous about enforcement but the laws are there for a reason and the burden of proof is on you if you think something should be "grandfathered". This is a big issue especially with island property since many of these places that have been around for a while were built over the course of years, many with questionable - dare I say peculiar construction techniques. Many never bothered with permits and with nothing on file it's hard to determine the exact age of anything and when it comes to septic systems, setbacks and anything with shoreline modifications or docks DES is really hardcore.

I can tell you fixing stuff like this can be extremely expensive, and in some cases depending on the lot size and characteristics darn near impossible to overcome. That's been my overall observation in having several discussions with DES and at least two towns where such things were in play.

08-01-2011, 06:21 PM	#3
MAXUM Senior Member Join Date: Apr 2004 Location: Kuna ID Posts: 2,755 Thanks: 246 Thanked 1,942 Times in 802 Posts	Yes the town, DES or both can make you tear out what has not been done properly permitted. The problem with many of these places is that things were done many times without permits "under the radar" and now when they hit the market they are finding out oops that's a problem. If the current owner doesn't fix it guess what, you do as the new owner. IF DES gets tipped off to any kind of setback, dock or septic violations they will respond and will force you to remove and restore anything that was done without permit or face fines especially if it doesn't meet current requirements. I'm not so sure the towns are quite as zealous about enforcement but the laws are there for a reason and the burden of proof is on you if you think something should be "grandfathered". This is a big issue especially with island property since many of these places that have been around for a while were built over the course of years, many with questionable - dare I say peculiar construction techniques. Many never bothered with permits and with nothing on file it's hard to determine the exact age of anything and when it comes to septic systems, setbacks and anything with shoreline modifications or docks DES is really hardcore. I can tell you fixing stuff like this can be extremely expensive, and in some cases depending on the lot size and characteristics darn near impossible to overcome. That's been my overall observation in having several discussions with DES and at least two towns where such things were in play.