Regulations to Consider When Planning a Waterfront Home
{Part 3 of a 6-part series}
If you are following along on our posts, you will be up to speed on some of the processes in finding the perfect waterfront location for your home. Now that you have secured the waterfront property, let’s discuss the complicated regulations as they apply to waterfront building. One of the challenges of planning a waterfront home, whether that means building it from scratch or renovating an existing one, will start with the intense scrutiny it will face from the various planning, building, and conservation entities that will need to approve the project.
The quantity of regulations, conflicts between applicable codes, and difficulty in the sequencing of approvals can all add complication, time, and cost to the planning of a waterfront home. If you have already purchased a waterfront property or are considering one, careful planning is essential to help prevent project delays and cost overruns as you navigate the permitting process.
New modern California bungalow house on the Pacific Ocean, designed by Charles Hilton Architects. Permits for this home required review and approval by: Local HOA, Municipal Architectural Review Board, Architectural Review Board, Public Works, Building Department, Zoning, Fire Department, Local Water District, Environmental Boards, Native American Tribal Authority, and the California Coastal Commission.
The following is a small sampling of some of the planning and construction challenges that you may encounter when planning a waterfront home. Also, be aware that regional and local regulations can vary based on the specific area where you hope to build.
Zoning laws often seek to keep house sizes smaller by limiting a building’s height and size, while maximizing setbacks. These regulations often conflict with flood regulations that mandate new construction be located high and out of the flood plain.
Coastal homes are often squeezed vertically to have floor elevations to stay high enough out of the flood plain (blue line) and without exceeding the maximum zoning height limit (red line).
Many waterfront sites are in historic areas, on lots that predate current zoning and are nonconforming with current regulations. Development of these sites typically incurs some regulatory size, height, and/or setback penalty that is more stringent than homeowners would incur in developing conforming lots.
Properties in officially recognized local, state, or federal “historic” zones usually have additional limits on development. For example, to protect its community character, Nantucket, Massachusetts has strict limits on building size, exterior materials, and even landscape elements.
Homes built on the island of Nantucket, Massachusetts are required not only to meet zoning regulations for height, setbacks, etc., but also to comply with a wide variety of material and design features such as: siding and roofing, materials and colors, window styles, etc., that blend seamlessly with the historic island architecture.
Building codes are stricter when planning a waterfront home in many locations, mandating better-performing structural systems and mechanical components, and requiring more weather-resistant materials and installation assemblies.
Almost every aspect of construction in flood or coastal velocity zones (where there is potential for wave action in a storm) is highly regulated. Likewise, inland wetland and coastal management agencies regulate how drainage is collected, stored, and released to minimize erosion, limit thermal discharge, and curtail pollutants that are released back into the environment.
This waterfront home in Greenwich, Connecticut was constructed with a large planted green roof, hidden from view, which is used to store and clean rainwater, reduce storm runoff, and return precipitation gradually to the site and below ground aquifer.
Fresh-water wells and septic systems have significant setback requirements from both fresh and salt-water resources. Unique waterfront amenities like docks, bridges, and boathouses are also highly regulated. Even non-building issues such as environmental impacts and wildlife management are frequently controlled.
If you are planning a waterfront home, regardless of the location, it is imperative that you and your team of experts do some homework beforehand, to avoid purchasing a property that will not be the home of your dreams. There can be few things more disheartening than for a boat lover to purchase a spectacular property on the ocean or a lake, only to learn that a dock or boathouse cannot be legally built.
In our next post, we will address some of the unique design considerations that waterfront properties present to owners looking to build their dream home.