Additional issues
Allowing an existing structure to be built up without a waver is a good change, but isn't there a new issue that brings the waver issue back to the table? If the setback does not have enough non-permeable land, then a waver will be required in order to re-build at all - right? My concern is that an existing grandfathered house that is within the 50' setback will likely create enough non-permeable land to trigger the waver process - where today, none is required. Once in the waver process, DES may ask that the existing footprint be adjusted back or abandoned as part of the mitigation effort, in order to be more compliant with shoreline rules. In other words, if you don't build within the setback before April 1, you may not be able to retain your existing footprint. Is this a reasonable concern?
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