Friday, September 05, 2008Ground rulesExtending the size of a dock and removing vegetation are the two AEP regulations most often violated.As the owner of a lakefront lot, you have three rights within the project boundary: the right to access the lake, the right to withdraw water and the right to erect a fence to keep your cows or horses out of the lake. For anything else you want to do with your land, you need a permit. Liz Parcell, plant coordinator with American Electric Power, Appalachian's parent company, said AEP defines the Smith Mountain Project boundary as everything along the shoreline of the lake up to 800 feet above sea level. Anything taken from or added to that area requires a permit. Still, lake residents often forget or don't realize they need to apply for the permits, especially when it comes to the top two offenses: adding floaters to an existing dock and removing vegetation within the project boundary. All violators must follow steps laid out in the Shoreline Management Plan to bring the properties into compliance, said Parcell. Homeowners who refuse to comply, however, can find themselves in federal court, she said. And Appalachian will not issue permits for any properties that carry an outstanding violation. Dock additions Parcell has a message for lake homeowners: When the company grants a permit for a 1,500-square-foot dock, that includes any floaters attached to it. Homeowners whose floaters put the dock over its permitted size soon may receive a letter from Appalachian. Parcell said the company is currently using satellite imaging to ensure compliance. "We are following up and doing inspections on the permits," she said. "We want to see what was constructed and what they got the permit for." Homeowners who have added floaters will be advised to remove them and reapply for a new permit. Some may be required to plant native vegetation along the shoreline. "We want to do something that's a benefit to the lake," said Parcell. But Appalachian most often learns about noncompliant docks when homes go up for sale, said Parcell. Unlike house deeds, which transfer from seller to buyer, dock permits are nontransferable and require a new application. "We do an inspection to see if you're in compliance," said Parcell. "As long as no changes were made, we'll assign a new permit." But if the dock doesn't match the permit, Realtors can find themselves doing a lot of leg work to make the sale. Barbara Brooks, with RE/MAX Lakefront Realty, said a recent experience was a learning one for her. Brooks was the listing agent and selling agent for a piece of lakefront property. The buyers were from out of town and wanted to close on the property within two weeks. But when Brooks applied to Appalachian for a new permit, she hit a wall. "The dock did not match the plans that were previously submitted by the previous owner," she said. "Everything on the dock met specifications, but he had added two PWC lifts." At first, Appalachian requested the current owners plant the shoreline with native vegetation as mitigation, which would slow the closing process from two weeks to four or six weeks. Brooks found a photograph of the original property, which had no vegetation. Appalachian accepted the photographs and Brooks was able to complete the closing process. "The lesson learned is as soon as I list a property now, I ask if it [the dock] was ever registered," said Brooks. "I immediately ask AEP what the status of the boat dock is." To save time or a surprise visit from Appalachian, Parcell recommended homeowners remove anything that wasn't authorized in the original permit, such as PWC floaters. After the floaters are removed, contact the power company and request a new permit that includes PWC floaters. When your permit arrives, she said, you can put them back on. And to the lake residents who installed dock pilings before the Shoreline Management Plan went into effect, Parcell said she knows who you are and you'll soon be hearing from them. "Either build it or pull the pilings out in 30 days," she said. Removing vegetation "I think a common mistake that happens is when people cut vegetation within the project boundary," said Parcell. According to Appalachian's Shoreline Management Plan, trees or saplings at least 12-inch in caliper and large shrubs cannot be removed without a permit. According to the plan, vegetation, both in water and on land, helps reduce stormwater runoff, prevents water pollution, provides animal habitat and maintains the natural beauty of the shoreline. If homeowners remove vegetation without permission, the plan lays out the size and type of vegetation that must be planted as replacement. Appalachian often relies on satellite images taken over the years to find offenses. These images are checked when a homeowner applies to the company for a dock permit. If the images aren't consistent, landscapers often are called in to replant. "When I get called in ... it's often because they've removed trees and shrubs in the 800-foot contour to get a view of the lake," said Walter Watson, of Watson's Landscaping. When he's called, Watson said he puts together a landscape plan using native vegetation such as dogwood, redbud, sycamore or witch hazel. The plan must replace all trees and bushes removed according to Appalachian's assessment. "It's very frustrating for homeowners who don't want to replace the trees because it can sacrifice the view," said Watson. "But we can still do it to give them a sufficient amount of view." But it's not always the current homeowner who has removed the vegetation, he said. Sometimes the problem isn't spotted until after the house and property have been sold and the new homeowners inherit the problem. Putting together the landscaping plan and planting the project boundary can take six to eight weeks, said Watson. But if wetlands are involved, it can take longer because the Department of Equality and Department of Game and Inland Fisheries must be consulted. To avoid a letter from Appalachian and the cost of replanting, Watson has one suggestion to homeowners: "Ask before you cut." For more information on these and other regulations, visit smithmtn.com. Additional regulations
|
.....Advertisement.....
.....Advertisement.....
|