沿海移民仍在继续, Waterfront Property Owners Encounter Complicated and Costly Environmental Regulations - September 2015
汉普顿的海滨业主 Roads are privileged to enjoy the ambiance and a fantastic view, in addition to a highly valuable set of riparian property rights.[1] 然而，这些好处是有代价的. Waterfront owners must be prepared to carry the expense of operating their properties in compliance with a multi-faceted and complicated web of federal, state and local legal environmental requirements designed for and specifically applicable to waterfront property. These requirements are administered by an arcane and sometimes demanding bureaucracy using confusing language and terms, possessing the power to order owners to make changes to their property at their own expense, 并处以高达25美元的罚款,每条违规行为每天罚款5000美元. In addition, the waterfront property owner may become a media topic such that their friends and neighbors are learning of their challenges through local newspaper or television stories.
这是最近的一个例子 媒体的报道是关于沃尔特·阿内曼的, who (it is alleged) built and fortified a fence at the edge of his property on the Chesapeake Bay, 让去海滩的人很难通过.[2] 根据新闻报道, the Environmental Services Manager for the City of Norfolk issued a Notice of Violation on September 1, 2015, which will be heard by the Norfolk Wetlands Board at its October meeting. 诺福克湿地委员会有权命令Mr. 阿内曼移除障碍并对他进行罚款.
Mr. Arnemann's difficulties provide a recent example of the special scrutiny waterfront property owners receive from government officials, 但他并不孤单. In 2012, local media reported on the City of Portsmouth having rejected Danny Meeks’ application to build a garage and swimming pool and change the elevation in the backyard of his waterfront home. The denial was based on noncompliance with the requirements of 切萨皮克Bay Preservation Act of 1988.[3] In 2013, Mr. Meeks found himself once again in the crosshairs (and in the media) when the City of Chesapeake alleged that he violated 切萨皮克Bay Preservation Act of 1988 by clearing trees and laying gravel at his waterfront property on the Southern Branch of the Elizabeth River.[4] In 2013, waterfront owners Doug and Tammy Nicoll were cited by the Norfolk Wetlands board for mowing grass at their property.[5] Their neighbors, 滨水业主Deanne和Mark Pulliam, were cited for using a truckload of dirt to fill ruts in the ground left by vehicles trespassing at their property.[6] Local media reported several times in 2014 on the efforts undertaken by seventeen waterfront homeowners on the Chesapeake Bay, 在诺福克的Cottage Line社区, 以减少沙丘的大小在他们的财产.[7]
One-half of the U.S. population now lives in coastal communities, an increase of 51 million people from 1970 to 2010. Hampton Roads – the very first coastal community in the nation – is not immune from this trend. 它的人口从1970年的91.3万人增长到现在的1万人.7 million in 2010 and is projected to reach 2 million in 2040. The Commonwealth of Virginia’s primary legislative enactments that balance property rights and use of resources at the point where the water meets the land are:
《十大正规网赌网址》 (部分条款可追溯至18世纪)，《十大正规网赌网址》第28条.2-1200 to 1213;
The Tidal 《十大正规网赌网址》，《十大正规网赌网址》第28条.2-1300 to 1320;
The Coastal Primary Sand Dunes and Beaches Act of 1984, Virginia Code §§ 28.2-1400 to 1420; and,
切萨皮克B《澳门十大正规网赌网址》，《十大正规网赌网址》第62条.1-44.15:67 to 44.15:79.
These statutes, 实施细则, 以及为促进这些条例而通过的城市条例, establish a complicated multi-layered web of state and local agencies and boards. Each statute has its own set of requirements that must be satisfied before the waterfront owner modifies the land and carries the power of legal sanction if requirements are violated. The Virginia Department of Environmental Quality (DEQ) website is a good resource for information on The Tidal Wetlands Act of 1972 (click here). 弗吉尼亚海军陆战队sources Commission website has helpful information on The Coastal Primary Sand Dunes and Beaches Act of 1984 (click here). The DEQ website offers additional useful information on 切萨皮克Bay Preservation Act of of 1988 (click here).
如果您在使用和en方面需要帮助享受你的海滨房产, 符合适用的环境要求, 请联系吉姆·朗，电话:(757)502-7326或 jlang@dektinary.com.
[1] See my article “Riparian Rights When You Own Land in Contact with the Water: A Mix of Environmental, 《澳门十大正规网赌网址》作为意见发表 & 关于彭德尔的观察文章 & 2013年6月的科沃德网站.
[2] Eberly, Norfolk Steps Into Bay Beach Dispute With a Citation for the Property Owner，《澳门十大正规网赌网址》，2009年9月. 2015年10月，3点，冷. 1.
[3] Eberly, Judge Hears Arguments in Councilman’s Suit Over Backyard Alterations, The Virginian-Pilot, March 20, 2014, at 8; Eberly, Portsmouth Councilman Says Officials are Halting His Home Improvement Efforts，《澳门十大正规网赌网址》，2008年8月. 9, 2014.
[4] Eberly, 议员因在他的土地上工作而陷入困境，《澳门十大正规网赌网址》，2011年11月. 2013年9月9日，汉普顿路路段，1点.
[5] Clayton, 诺福克居民在割草湿地的热水中, PilotOnline.com, Feb. 12, 2014.
[6] Clayton, 诺福克居民在割草湿地的热水中, PilotOnline.com, Feb. 12, 2014.
[7] Nolin, 有些人感觉被不断变化的沙丘抛弃了，《澳门十大正规网赌网址》，1月. 3, 2014, at 1; 观点:在平房线保护沙丘，《澳门十大正规网赌网址》，1月. 7, 2014, Hampton Roads section, at 6; Wilson, 诺福克沙丘的决定将由州政府决定, PilotOnline.com, June 24, 2014; Wilson, 关于沙丘的争论在海景中变得激烈, PilotOnline.com, Sept. 26, 2014.