Proposed Dock & Mooring Law

Questions and Answers

1.Q      How does the proposed law affect me?

    A      In most cases the new law will have little or no affect on you if you have an existing dock, mooring or other structure on the date of the law is effective and maintain it in good repair.

 2.Q      If I have an existing dock, mooring or other structure, do I have to do anything?

    A      Yes, you have to verify the existence to the Dock and Mooring Inspector within one year of the date the law takes effect. A sample of the verification form enclosed.

 3.Q      What if my dock is a seasonal dock?

    A      It doesn’t matter if your dock, mooring or other structure is a seasonal or permanent installation. If it existed on the date the law went into effect, you have only to verify its existence to the Dock and Mooring Inspector, using the verification form available from the Town office. The form can also be downloaded from the following website – http://www.nyenvlaw.com/Huron/verification.htm

 4.Q      Will my dock or other structure be subject to an annual permit and/or fee?

    A      No, the permit and fee associated with an application or appeal under this law is a “one-time” expense for the life of the permitted structure.

 5.Q      When is an application and permit fee required?

A An application, permit or special permit with related fee is required for all new construction or new seasonal installation (a structure or installation that did not exist when the law was enacted); or major repairs, when the value exceeds 50% of the value of the structure.

 6.Q      What if I have a dock that needs repair when the law is enacted, will I need a permit to repair it?

    A      No, you are given two (2) years from the date of this law is enacted to repair a nonconforming, preexisting residential structure, and one (1) year for a commercial structure.

 7.Q      Will I have to pay a fee for my boat?

    A     No. There are no permitting requirements for watercraft in this law.

 8.Q      Will a permit be required for boats moored at a private dock?

    A No in general, however, houseboats or other floating accommodations for living will require a special permit.

 9.Q      Is my deicer regulated by this law?

    A      No. This law does not regulate deicers.

10.Q    What if I want to build a dock or a boat house and the Dock and Mooring Inspector determines that he can not issue a permit under this law? Is there anything I can do?

    A      Yes. The decision of the Dock and Mooring Inspector may be appealed to the Zoning Board of Appeals. The Zoning Board of Appeals will review your case within the context of the law and make a determination, and can grant a variance.

11.Q    Is my ice fishing structure regulated by this law?

    A       No. This law does not regulate ice fishing structures.

12.Q    Why do we need this law?

    A      Without this law, the Town of Huron has no authority to assist in the settlement of disputes that arise in matters relating to the rights of waterfront property owners or use of the waters surrounding the town to a distance of 1500 feet from the shoreline. As an example, in 1993 an individual was granted a building permit for his waterfront property. As it turned out, the improvements were actually designed to support plans for a marina. There was an enormous outcry of opposition from local residents and the Town was of little help because it lacked jurisdiction to regulate “in water” construction and use off shore.

13.Q    Why is the Town proposing this law now?

    A      The public waters in the Town of Huron represent an asset and resource which need to be preserved and protected in the interest and for the benefit of all concerned. Currently, the DEC and the Army Corps of Engineers do not address all of the issues that impact this valuable resource. That is why they encourage towns and villages to enact and enforce local legislation. The concern of the Town, Town officials and citizenry is not new. Various versions of this law have been proposed and presented to the Town over the past ten years, with several public hearings during the same period of time.

14.Q    What will implementation of this law cost the Town? Will it result in increased taxes?

   A       The additional cost to the Town should be minimal. No new personnel will be added to the payroll, nor will new boards be formed. Town activity related to this law will be an added responsibility of the existing building inspector’s office. Appeals will be handled by the current Zoning Board of Appeals.

15.Q    Will the Town purchase a boat for the Dock and Mooring Inspector?

A      There are no current plans by the Town to purchase a boat.

16.Q    Will there be a public hearing before this law is enacted?

A    Yes, a public hearing will be held on the evening of 20 July 2005, in the

Town of Huron Highway Barn at 7:00 pm.

Committee Members:

Clay Bishop (Chairman)

David Buisch, Larry Bristol, Jack McGuire, David Scudder,

John Crane, Tom Ranke, David Balcom, and Vicki LaValley