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By: Paul R. Tardif, Esq.
As published in Home Remodeling Cape Cod, the Islands & the South Coast magazine
Your home needs a new look. Maybe its a case of updating the aesthetics of a room. Maybe its something more significant, such as the need to reconfigure rooms inside the home. Or maybe it is something as considerable as the need to create new space on your property. Regardless of the reason, before you budget your project, before your pick your new windows or shutters, before you pry the first 2x4 from its position, and before you hire a contractor, remember that you may need to get permission first.
Permitting of a project is often overlooked and sometimes never discovered. In other cases, permitting is ignored and exposed at inopportune times – the sale of a home, the routine inspection by an official of a different project in the home, or worse still, when someone gets hurt. There is good news and bad news associated with the permitting process: the bad news is that there are so many eyes on your project, which analyze, critique, and yes, change your plans; the good news is that there are so many eyes on your project, which analyze, critique, and yes, change your plans. There is, however, a method to this madness.
I recommend speaking first with your local building department, which in most cases is the hub of the permitting wheel. Most building commissioners are also the local zoning enforcement officer, and can offer insight not only on the local and state building codes, but can also provide you with zoning advice. In addition, some building departments maintain records, which may offer insight into how your home was constructed, the date it was constructed, and the reasons for quirks in the construction of your home. This may be invaluable for those restoration projects, which seek true authenticity in the remodel.
Next, you should visit your local health department to determine whether any issues will be created by the changes you plan to make. Remember that your septic systems limit the number of bedrooms (not bathrooms) you use in your house. The changes you make to your home may be the difference between the definition of a living room and the definition of a bedroom, which may trigger a septic upgrade. Also, there are regulations that limit how close to septic systems new construction can be located. A review of your property’s septic plan may reveal that the new wing you envisioned will actually be situated on the leaching tank in the backyard. Remember that it is better to find out now, rather than when the foundation contractor discovers your septic system the hard way – with a backhoe.
Is your property located in an historical section of town? This inquiry is crucial, as the subjective opinions of the local boards entrusted to oversee the historical style of homes may conflict with your plans for the new shutters, the color of those shutters, the front porch, and even the kind of replacement windows to be installed. Determining whether your property is listed on the National Register of Historic Places is a related issue. You may need to secure approvals from State and Federal Agencies, depending on what it is you want to do with your property.
Next, you must determine whether any portion of the proposed remodel is positioned within 100 feet of a wetland, which includes coastal banks, ponds, rivers, streams, and even cranberry bogs. If so, you may need to secure an Order of Conditions from your local Conservation Commission in order to proceed.
Besides making certain that you obtain the necessary permits for your project, you should also make an effort to satisfy yourself that the contractor you have hired, if any, has also secured the necessary permits and licenses. These requirements have been created for your protection. However, there are still a number of unregistered contractors who submit very low bids for restoration projects, which bids undercut licensed contractors. The reason for the cheap price may be their unwillingness to carry liability insurance, the proper tools and safety equipment, or even substandard materials or practices. Remember, you get what you pay for.
There is one constant, which you must accept, in the permitting process.
First is the time needed to apply for your permit, in some cases, to
advertise a required hearing, attending the hearing, either in person or by
a representative, the appeal period which is usually allotted prior to the
formal granting of a particular permit, and the possible requirement of
securing one kind of permit prior to applying for the next.
Although the process above may not be exhaustive, it is a good general
overview of the typical issues addressed with each project. You may need to
secure the services of an attorney who practices in these fields. Resist the
temptation to simply let your fingers do the walking in the yellow pages to
find an attorney to assist you. Seek out a specialist in zoning or land use.
Speak to your friends and neighbors who may have been through the same
process to find the name of competent representation. And finally, remember
to “keep it local”. The reputation of your attorney in the area, and his/her
familiarity with local practices and board members may be the most valuable
asset to your hearing.
You may not need most, if any, of the permits mentioned above. But
homeowners interested in not only the finished product, but also the
eventual legality of that project, will at least first ask themselves this –
“may I do what I want to do?”.
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Law Offices of Paul R. Tardif, Esq.
490 Route 6A
Yarmouth Port, MA 02675
(508) 362-7799