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September 2, 2010

New APA boathouse, dock rules set

Press-Republican

RAY BROOK — The Adirondack Park Agency's revised regulatory definitions for "boathouse" and "dock" will become effective Sept. 21.

The agency board approved the dock regulation in May and the boathouse regulation in June 2010.

In response to public comment, the board delayed implementation of the revised regulations until after the 2010 summer construction season.

Therefore, the definition change does not apply to new boathouses with in-water components, such as support piers, that are substantially under way with a Department of Environmental Conservation permit or docks lawfully in place on Sept. 21.

The regulatory change is for the future only. Lawfully existing boathouse structures may be repaired or replaced within the existing building envelope.

An APA variance is required, however, to exceed the size parameters or expand a larger, existing boathouse.

The new regulatory definitions are:

"Boathouse" means a covered structure with direct access to a navigable body of water which (1) is used only for the storage of boats and associated equipment; (2) does not contain bathroom facilities, sanitary plumbing or sanitary drains of any kind; (3) does not contain kitchen facilities of any kind; (4) does not contain a heating system of any kind; (5) does not contain beds or sleeping quarters of any kind; (6) does not exceed a single story in that the roof rafters rest on the top plate of the first floor wall and all rigid roof surfaces have a minimum pitch of 4 on 12, or, alternatively, one flat roof covers the entire structure; and (7) has a footprint of 1,200 square feet or less measured at the exterior walls (or in the absence of exterior walls, at the perimeter of the roof), and a height of 15 feet or less.

The height of a boathouse is measured from the surface of the floor serving the boat berths to the highest point of the structure.

Different requirements are in place, in some cases, within the Lake George Park.

"Dock" means a floating or fixed structure that (1) extends horizontally (parallel with the water surface) into or over a lake, pond or navigable river or stream from only that portion of the immediate shoreline or boathouse necessary to attach the floating or fixed structure to the shoreline or boathouse; (2) is no more than eight feet in width, or, in the case of interconnected structures, intended to accommodate multiple watercraft or other authorized use, each element of which is no more than eight feet in width; and (3) is built or used to secure and/or load or unload watercraft or for swimming or water recreation.

A permanent supporting structure used to suspend a dock above water level for storage is limited to not more than 100 square feet.

A dock must remain parallel with the water when suspended for storage, unless the size of the total structure does not exceed 100 square feet.

Mechanisms necessary to hoist or suspend the dock must be removed during the boating season.

For more details, call 891-4050 or e-mail aparule@gw.dec.state.ny.us.

The APA's rules strive to protect water quality and the scenic appeal of Adirondack shorelines by establishing structure setbacks, lot widths and cutting restrictions.

Boathouses, docks and other structures of less than 100 square feet are exempt from the shoreline setback requirements.

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