Not best usually to issue local permits before APA weighs in

TRYING TO BE A NICE GUY

There are many people who have come into the Code Office looking for a building permit only to find out that they should also contact the Adirondack Park Agency [APA] before this office issues a permit.

This is especially true for shoreline structures like boathouses, docks, break walls, retaining walls, lean-tos or other typical shoreline-type structures.

There are numerous reasons why the APA may have jurisdiction over a particular project.

And this office does not like to issue a building permit unless we are confident there are no APA issues.

The best and only way to get an official determination of APA jurisdiction is to file a Jurisdictional Inquiry Form [JIF] directly with the APA.

This process usually only takes a few weeks, but varies depending on the time of year and the complexity of the project.

All too often the contractor or the property owner is in a hurry to get started and wants desperately for this office to issue the permit without an APA jurisdictional determination.

There is no law or requirement that mandates the town insist on this process, but it has always been highly recommended.

Combine the applicant’s desire to start right away and the time of year, with winter bearing down on us, reducing the window of opportunity to get footings and foundations in the ground, and the pressure to get started is profound.

Well, wouldn’t you know it? An application for a boathouse replacement is received and they are in a hurry to get started.

Seems pretty simple, the size and location are compliant, the structure is simple in design, not structurally complicated, and besides, it is a replacement anyway.

This office suggested the applicant file the JIF with APA. They said they did.

After several site visits by this office, and the normal plan review, a building permit is issued. The old structure is torn down, the site is changed around a little to accommodate some minor changes from the old structure to the new, and the concrete footings are placed.

Then we get the APA jurisdictional letter… you got it… an agency permit may be required.

By means of wetland maps or aerial photography, there may be wetlands in the vicinity of the boathouse, and thus an agency permit may be required.

During our site visits, the area did not give us any indication of potential wetlands and the project appeared perfectly compliant in all ways.

It seemed pretty safe to issue the permit, days before the jurisdictional letter came in, assuming it was going to be “Non-jurisdictional,” no agency permit or variance would be required.

There will be a site visit by an APA wetland biologist to determine if in-fact wetlands are being impacted, but until that happens, the project must come to a halt.

This is a textbook example of why this office is so adamant about getting the APA jurisdictional issues taken care of before we issue permits.

Even when everyone believes there should be no issues, bad winter weather is coming fast, and the contractor is under pressure by the property owner to get started.

Although we are not mandated to do so, this becomes a disservice to the applicant.

And this office is not in the business of creating a disservice intentionally.

Hopefully the APA site visit will confirm what we believe— no agency permit is required— but that will most likely not happen within a week or two. Maybe the snow will hold off a little longer.