By: Mike Kennedy mkennedy@railey.com 301-616-6106 July 13th, 2009 Category: Deep Creek Lake Buyer Info, Deep Creek Lake Events, News

The staff of the Deep Creek Lake Natural Resource Management Area (NRMA) will hold a class this Saturday, July 18th, 2009 at 9:30 a.m.  at the Deep Creek Lake Discovery Center.

The class will cover what special permits are required when a lakefront property owner wants to improve or alter the state owned buffer strip or privately owned buy-down area that is encumbered with a conservation easement. The buffer strip is the small area of land between the lake and a lakefront owner’s rear property line.

This class is worthwhile to property owners who already own lakefront real estate at Deep Creek or those thinking about buying.

Topics will include buffer strip pavilions, decks, pathways, lighting (electrical improvements, fire pits, play areas, clearing, tree and shrub removal, sea walls, & shoreline erosion control.

More information can be found at the Deep Creek Lake Management Office website or by calling (301) 387-4111.

By: Mike Kennedy mkennedy@railey.com 301-616-6106 January 7th, 2009 Category: Deep Creek Lake Buyer Info, Deep Creek Lake Real Estate, News

DNR Policy Change To Impact Deep Creek Lakefront Property Owners

There has been a change in DNR’s policy with regard to how older “grandfathered” improvements on the Deep Creek Lake buffer strip will be recognized. Up until now, any improvement - such as a walkway, stone path, pavilion, or shed - that existed with Penelec’s or DNR’s approval prior to DNR’s original management of the lake in 1980, or before DNR’s first set of regulations in 1986, did not require a permit. The permits were intended for new improvements only and DNR would simply document the older grandfathered improvement in their site inspection reports.

DNR has not required permits for these improvements for 28 years. DNR Lake Manager Carolyn Mathews has informed the Garrett County Board of Realtors that they are reinterpreting the regulation and are requiring property owners to apply for a Special Permit when DNR identifies a grandfathered improvement during a site inspection. DNR also reserves the right to require the removal or significant alterations to the grandfathered improvement and the permitting process provides the method and leverage to do so.

What does this mean to lakefront homeowners or those looking to buy lakefront real estate? Quite simply, if you have an existing improvement on the buffer strip and don’t have a permit - at some point DNR will approach you to apply for a permit without any guarantees they will approve it - even if it is “grandfathered.” And for those looking at buying lakefront property - pay very close attention to what you see down by the lakefront. If there is an improvement, such as a deck or shed, make sure the current owner can provide documentation that the improvement has been approved along with a special permit. If the owner can’t provide a current permit, make them go thru the permitting process with DNR. There are examples where DNR has conducted a buffer strip inspection, either at the request of the property owner, the buyer, or a Realtor® prior to closing and then required significant modifications to or the removal of the formerly grandfathered improvement. Depending on the terms of the contract of sale, and the timing of DNR’s inspection, this might impact your closing by introducing unexpected DNR permit issues and the costs of complying with DNR’s orders.

(Post written in conjunction with Paul Durham)