Did you know removing a property marker is a criminal offense? This is that time of year when the Code Office gets a lot of questions regarding the rules and regulations pertaining to many different things.

However, this year seems to be notably different in that many people are simply just not happy—not everybody—but it seems like more than normal.

People are not happy for a host of reasons. The need to get a permit, the cost of the permit, that it takes more than ten minutes to issue a permit, and the requirements of specific regulations to name a few.

Other complaints stem from limits as to dock size, septic system requirements, the need of plans for construction, inspection requirements, the fact the office does not have weekend hours…

There have been complaints about neighbors, complaints about junk or debris, complaints about a multitude of other things.

Then there are those complaints about things the Town Code Office can’t do anything about.

Things like: property line disputes, neighbors parking cars off their own property, the need for APA jurisdictional review, the need of a DEC permit for various water activities, the need of a floodplain permit, no burning of any kind of construction debris, limitations on the size and location of outdoor camp fires, the height of buildings, the height of antennas, even the need of an Army Corp of Engineers permit.

Particularly big are property line disputes which, again, cannot be resolved by the Code Office.

This office will always rely on certified survey maps prepared by a NY State licensed Land Surveyor and property markers that were flagged on the ground.

Even then, sometimes we cannot always rely on the markers because too many times these pipes or markers get moved or removed.

Most people do not know it is a criminal offense to disturb a property marker placed by a licensed surveyor.

The need of a survey has proven invaluable many times.

For purposes of zoning and property line set-back requirements, the smaller the lot the more critical it is to know exactly where the property lines are.

Obviously with larger parcels having hundreds of feet in any direction to any property line, the need to pinpoint the line is just not there.

The difference between a huge lot to a smaller lot is pretty easy to understand.

It is difficult to rely on a plot plan (not a real survey) showing the house on the lot, all hand drawn showing the roadway, the sidelines and the house.

It seems that nine times out of ten, the setback from the roadway to the house was measured from the edge of the driving surface of the road and not the edge of the right-of-way.

That can be a difference of 20 feet or more.

All too often you can find multiple pipes or stakes in the ground… are they accurate? Have they been moved? Did a tree fall on them years ago and someone “straightened” it up?

Accurate and verifiable documentation of property lines and the location of the structure is critical to show compliance regarding setbacks.

This concept will be difficult for some people who may have to go out and order a survey for the first time, but may actually save a lot of headaches in the long run.

The need of other agency review or permits is another topic.

The local Code Office does not have the jurisdiction to approve another agency’s permit.

We can, and try to offer assistance in filling out the paper work and forms, and can offer certain advice as to what may be required.

Ultimately this office has no jurisdiction, therefore the need to obtain the permit or official review and determination from that agency will never go away.

Discuss your project with the Code Office well before you intend to start.

Bring any surveys, maps, or older information you may have regarding the property and location of all existing structures.

The actual information you may need to do what you hope to do, will depend on many factors.

Be prepared to help us to do what you want by providing the right documentation.