Boathouses are regulated by both the Town (local municipality) and the APA. However, the actual permit will be issued only by the town.
This assumes the boathouse complies with the regulatory requirements of the APA, which includes height, size, use of space and location relative to wetlands.
The town has the same requirements plus setbacks to other property lines and structural requirements of the state building codes.
The maximum size of a boathouse shall not exceed 1,200 square feet.
The maximum height shall not exceed 15 feet, measured from the walking surface around the boat slip up to the ridge, or to the top of the railing for a flat roof.
Both APA and Webb prohibit any living or habitable space, any 2nd floor (even storage) or plumbing of any kind.
The Town of Webb will require a letter of Jurisdictional Determination from APA, verifying no APA permit or variance is required, prior to the issuance of a building permit.
Docks are regulated by the Town of Webb (outside Webb, contact your local code office) APA and DEC.
Again, Webb and APA have similar, not quite identical requirements.
APA will regulate width (not to exceed 8 feet) and location relative to wetlands.
Webb also includes a maximum size of 300 square feet, maximum length of 40 feet (measured from the mean high water mark) and a minimum setback from adjoining property lines.
APA does not regulate how many docks on one property, Webb does.
However, APA has shoreline disturbance standards that may impact the number of docks on any given parcel.
When a “dock” is attached to the boathouse, both the APA and the Town of Webb are on the same page.
If the “dock” has a roof over it, it is not a “dock” but rather a “deck”… and will then be considered part of the boathouse when calculating the maximum square footage allowed for the boathouse.
New single family homes, additions or replacements are always regulated by your local municipality, because of building codes (state law) and local zoning for setbacks or other issues.
The APA may have jurisdiction, or they may not.
There are many factors that impact potential APA jurisdiction.
Wetlands, height of structure and shoreline setbacks are the most common jurisdictional things.
Although the code office is pretty familiar with the APA rules, and can usually help advise people as to APA involvement, we do not have the authority to make an official jurisdictional Determination.
The only way to get an official determination is directly from APA.
Non shoreline structures are less likely to be APA jurisdictional; again, depending on height, wetlands and the use (residential or commercial).
A true single family dwelling is pretty straight forward.
A business, new or old, is a little different.
The Town of Webb has zoning maps showing what areas allow different kinds of use or activity.
Some may be a standard use, only requiring permits from the code office.
Other uses may require Planning Board approval as a Conditional Use.
APA also has use classification maps which show what types of uses are allowed, allowed with an APA permit, or simply prohibited.
The Town of Webb zoning maps are always on display in the code office, along with the APA Land Classification maps.
Outside of Webb, contact your local code office for information for that municipality.
Commercial properties are spread all over the town. Most are in designated town commercially zoned areas or in an APA “Hamlet” Land Use Classifi-cation.
However, there is no lack of old, long ago established non-residential businesses in residentially zoned areas.
As they existed before town zoning or the birth of APA, they have the right to continue.
Some may even have the right to expand by a certain percentage over time.
Because the question of jurisdiction may become more complicated, this article will not attempt to draw any conclusion in one sentence.
It is safe to say that minimally the Town Planning Board would be involved as a conditional use review for any proposed expansion of a lawful, pre-existing, non-conforming use.
A careful review of the history, the type of use and any potential impacts all needs to be considered.
Ultimately the only way to find out whether the APA has jurisdiction is to file a Juris-dictional Inquiry directly with APA.
The Town of Webb code office would be happy to help you that.