shoreline structures

Any building or structure within the shoreline setback area is considered a “shoreline structure.”

The setback distance can vary from fifty [50] to one-hundred [100] depending on what part of the town the property is in.

The entire Fulton Chain, that is within the Town of Webb, has a fifty [50] foot setback requirement.

This measurement is based from the mean high water mark to the closest part of the structure including chimneys, decks, stairs, porches or cantilevered second stories and is always measured horizontally.

Certain specific structures are actually allowed to be inside the shoreline setback area, subject to the normal building permit process just like any other structure.

Examples may be docks and boathouses. Both of these are considered a standard/permitted structure, not subject to any special board oversight or action.

Obviously, to be a dock or boathouse, they must be in the water.

Always, side property line setback of twenty-five [25] feet applies to all boathouses and docks.

If this type of proposed structure complies with the minimum/ maximum standards, only the normal building permit process is required.

Occasionally, a “dry boat-house” is proposed. This is one that is not over the water, and cannot be driven into with the boat.

To qualify as a dry boathouse, and be potentially allowable without any special permits or variances, the structure must be within two [2] feet of the mean high water mark and have a ramp that extends from the front down into the water.

These structures usually are for the storage of canoes, kayaks, row boats and similar type of non-motorized water draft.

The key here is, within two [2] feet of the mean high water mark, not more.

A shed twenty feet from the lake is a shed, not a dry boathouse.

Any boathouse is subject to the maximum size of 1,200 sq. ft. of area and shall not be taller than fifteen [15] as measured form the deck or berthing area around the boat slip.

Docks shall not be larger than 300 sq. ft. or wider than eight [8] feet.

Both docks and boathouses shall not go out farther than forty [40] feet into the water, which could be less if it creates a hazard to navigation.

Anything other than a boathouse, a dry boathouse or a dock would be subject to site plan approval of Town Planning Board.

Something like a lean-to, storage sheds or gazebos are considered to be typical shoreline structures.

So, if it’s not a dock, boathouse or dry boathouse, you have to go to the Town Planning Board.

These type of structures are also limited to a maximum size of one-hundred [100] sq. ft. of area and shall comply with the side property line setback of ten [10] feet minimum.

When you ride around the lakes you will see many older boathouses and docks that clearly exceed these basic dimensional requirements.

If they have been there, or replaced another structure that was there, since 1965 they are what most people refer to as “grandfathered.”

These structures are allowed to be maintained and used forever.

Expansion, major remodeling and/or replacement of these old grandfathered shoreline structures will be subject to [again] Town Planning Board site plan approval.

If you read the legal notices in the local paper you may occasionally see an advertisement for a public hearing regarding this type of application.

The notice may read similar to; “to allow the replacement of a lawful, pre-existing, non-conforming shoreline boathouse structure.”

Lawful, pre-existing, non-conforming is basically the same as grandfathered.

There are certain rights a grandfathered structure has; however none of those rights absolutely guarantee approval for the replacement in the exact same location.

The Planning Board’s job, as it should be, is to encourage compliance, or at least more compliance if possible.

Each case is different and will be decided on the merits of the situation.

Now, what about the Adiron-dack Park Agency [APA]? Although much of what the town requires is the same as the APA, the process may be different.

Always, always, always when dealing with shoreline structures, especially an old non-conforming one, contact the APA directly.

File a Jurisdictional Inquiry Form [JIF], which can be downloaded, on-line at www.apa.ny.gov, or call them at 518-891-4050.

You may be surprised what you can actually do.