RELATED ECOLOGY PROGRAMS
Exemptions for docks
This exemption refers to "construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences."
This exception applies:
However, if subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified in either (A) or (B), the subsequent construction shall be considered a substantial development.
Docks, not decks!
Docks are defined in state law specifically as places to tie up a boat. The exemption from permit requirements does not extend to overwater recreation spaces such as a deck. Decks are considered a residential appurtenance and must be located landward of the OHWM or the perimeter of a marsh, bog or swamp in order to be exempt.
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