Facebook for Herrigel Kennedy      

Utility Easements through the Shoreland Zone


 After having dealt with a couple deals involving easement issues, when looking to purchase waterfront real estate or waterview real estate be sure to read the deeds carefully, consult with professionals, never assume and be sure to check with these 3 authorities when looking to obtain permits for easements over resource protection and Shoreland Zoning regions
1) The town hall, specifically the Codes Enforcement Officer (CEO) who can determine if he/she has the authority to issue a permit or if one might need the approval of the local planning board to proceed, a process that can take multiple months.
2) The  Department of Environmental Protection will most likely want to take a look at the site as well to determine if a Permit by Rule (quick 2 week version) can be issued or a full permit that can take as long as 2-3 months to obtain will be necessary.
3) The Army Corps of Engineers is the last organization to consult with if any disruption to a marine habitat will occur. 

Leave a Reply