By: Mike Kennedy mkennedy@railey.com 301-616-6106 June 2nd, 2010 Category: Garrett County News, News

There is no new progress to report on the proposed changes to the lake regulations dealing with how many personal watercraft may be moored at private Type A and common boat docks. This proposed regulation would essentially get rid of all the PWCs stands that can found along the shoreline. Deep Creek Lake Manager Carolyn Mathews has stated that during the public comment period the DNR received several very detailed comments and concerns against the proposed changes to the lake regulations

Ms. Mathews also reported that the Superintendent of the Park Service, Nita Settina, found the comments to be of merit and is giving them due consideration before moving forward with any changes. Ms. Settina plans to visit Deep Creek Lake this summer and will weigh the points brought forth in the comments against the proposed regulation changes and may suggest an alternative to the proposal.

The public comments on the changes are posted on the Deep Creek Lake website at…

http://www.dnr.state.md.us/publiclands/western/deepcreeknrma.asp

Updates will be posted on this website as they are made available. This is the new DNR website for information about the lake. This site is separate from the state park website and will have more lake specific information posted over time.

By: Mike Kennedy mkennedy@railey.com 301-616-6106 April 5th, 2010 Category: Deep Creek Lake Buyer Info, Deep Creek Lake Real Estate, News

Last fall the Deep Creek Lake Management office sent a letter to all dock permit holders outlining proposed changes concerning the way PWCs (personal watercrafts) will be docked/stored at lakefront sites. These changes to the regulations will essentially get rid of all current PWC racks/stands on the shoreline. The public comment period ended a few months ago and the proposed changes to the regulations are expected to be approved by the State of Maryland in the very near future.

As usual, and until notified otherwise, all Type A dock permit holders will be allowed to dock two (2) power vessels and one (1) non-power vessel (most likely a sailboat) at their dock.  If you posses a Special Permit you WILL be allowed to place a PWC that weighs LESS than 500 pounds on a shoreline rack/stand for the meantime - but you will also receive a letter notifying you of forthcoming changes.  Under current regulations, any PWC that weighs MORE than 500 pounds is NOT permitted on a shoreline rack/stand. Nearly all PWCs manufactured in the last 10 years weigh more than 500 pounds. Most lakefront homeowners currently store their 500 (+) plus pound PWCs on manufactured stands and racks on the shoreline and not tied up to their boat dock.

Early this summer, DNR is expected to take applications from dock permit holders that will allow them to have 1 PWC permitted at their boat dock.  (PWCs are permitted at docks now but since they are more than 500 pounds they are considered a power vessel by definition). If approved, the new permit will then be valid for two (2) power vessels, one (1) PWC, and one (1) non-power vessel. This application will cost an additional $100 on top of the normal $200 paid in the spring. DNR expects to issue these new buffer strip permits for one (1) additional PWC at docks starting sometime later this summer.

It appears that all Type A permits will now have the ability to be granted three (3) power vessels and one (1) non-power vessel at their lakefront home - however, one of the three power vessels will have to be a PWC. This new regulation will benefit the lakefront homeowners who only have 1 power boat at their dock now and 2 PWCs on shoreline stands/racks - or the homeowners who have 2 boats now at their dock and 1 PWC on a stand. This new regulation will basically allow all 3 to be tied up their dock.

However, this new regulation appears to hurt the lakefront homeowner who already has 2 power boats at their dock now -for example, a Cobalt and a pontoon boat - and who also has 2 PWCs stored on shoreline stands/racks. This new regulation is going to force these homeowners to get rid of one of their PWCs - or get rid of one of their power boats. This situation of 2 boats and 2 PWCs is very common around Deep Creek Lake.

Homeowners in lake access communities with common docks may also suffer a bit with these new regulations. For common docks, DNR is going to permit 3 PWCs per every 10 approved boat slips. Therefore, the homeowner who has a power boat in one of the slips in the common dock and a PWC on a shoreline stand may be forced to get rid of either the boat or PWC if there are numerous PWCs in that particular community.

The intent of this change is to get rid of all PWC racks/stands on the shoreline - as DNR viewed these stands as an abuse of the number of power vessels docked/stored at these homeowner sites.

By: Mike Kennedy mkennedy@railey.com 301-616-6106 August 28th, 2009 Category: News

Recently, DNR’s Deep Creek Lake Manager, Carolyn Matthews, released proposed changes to the current lake regulations that deal with the docking and mooring of personal watercrafts (PWCs) at permitted Type A boat docks and common docks.

It is proposed that lakefront property owners with private Type A dock permits (also known as Buffer Strip Use Permits) may keep up to 4 boats (current regulations only allow for 3 boats) on the lake - 3 of which may be a combination of power boats and personal watercraft provided the permit holder pays an additional $100 permit fee. These property owners may also keep beached boats on the shoreline provided they weigh less than 500 lbs.  The current regulations only allow for 2 power boats and 1 non power boat (a sailboat for example) - but many lakefront property owners also keep either one or two PWCs at their docks in addition to the 2 power and 1 non power boats.  When PWCs were smaller and could be beached on the shoreline this wasn’t such a big deal - but now that most PWCs weigh more than 500 lbs and need to be moored at a dock this has become a much bigger issue for DNR.

It is also proposed that the Lake Manager will be given authority to monitor and approve the number of PWCs that can be moored at a common dock for the various lake access communities around Deep Creek Lake. The proposal states that the amount of PWCs moored at these types of docks will not exceed 1/3rd of the allocated number of slips already approved. This proposal does not say whether the PWC must be moored to the dock in the water or if it can be moored on an individual PWC stand on the shoreline. Most lake access property owners are allocated one (1)  boat slip in a community or neighborhood association’s common dock. However, some owners in these communities also own PWCs in addition to a boat and have kept the PWC on a shoreline stand near the common dock. This proposal may very well eliminate the PWCs stands you see near these common docks.

Public comment on this issue will probably run from October 9th, 2009 thru November 9th, 2009. You can make Public Comment on DNR’s website about the proposed PWC docking changes by clicking here.

These proposals will affect many property and real estate owners around Deep Creek Lake so stay tuned for further updates. When we get additional details we’ll post the information on this blog. To stay updated please sign up for updates via e-mail or RSS a little ways down the right hand side of our main blog page.

By: Mike Kennedy mkennedy@railey.com 301-616-6106 August 12th, 2009 Category: Garrett County News, News

Mark your calendars for Saturday, August 22. The Property Owners Association of Deep Creek Lake is having their usual end of summer general membership meeting at 8:30 a.m. at the Garrett 8 Cinemas in Thayerville. The public is invited - you do not need to own property or real estate at Deep Creek Lake to attend!

A very interesting topic will be discussed at this meeting. John Wilson, MD DNR associate director of stewardship, will present the first report of the Deep Creek Lake Water Quality Study. This is a presentation that any stakeholder in the lake will surely want to hear.

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)

By: Mike Kennedy mkennedy@railey.com 301-616-6106 October 7th, 2008 Category: Deep Creek Lake Real Estate, News

DNR Deep Creek Lake Manager Carolyn Mathews reports that her office is pursuing several civil cases in circuit court involving activities on certain buydowns that are in violation of the provisions of the Conservation Easement. The most difficult situations appear to be grading and filling of the buffer strip, especially after new home construction.

DNR is also adopting a new policy that any maintenance to existing and approved improvements on the buffer strip requires the prior notification and possibly the approval of the Deep Creek Lake management office. The DNR may require a new Special Permit to be applied for and be issued before maintenance may occur.

This is a departure from historic practice and many property owners routinely provide for ongoing maintenance of structures and improvements that have been permitted. Garrett County Board of Realtors Government Affairs Director Paul Durham recommended to DNR staff that they consider modifications to their permit language to better inform property owners of this new policy. This may also require changes to the lake regulations to better and more specifically articulate DNR’s maintenance permitting requirements.

DNR is enforcing this policy through the issuance of criminal citations. Violations of the lake regulations are a misdemeanor punishable by a fine up to $1000 and the potential for imprisonment of up to one year.

By: Mike Kennedy mkennedy@railey.com 301-616-6106 October 3rd, 2008 Category: Deep Creek Lake, News

DNR Lake Manager Carolyn Mathews reports that it will soon release the proposed changes to the lake regulations dealing with how and where personal watercraft (PWCs) may be stored or moored at dock permit sites on Deep Creek Lake. DNR’s goal is to eventually remove all PWCs from being beached on the buffer strip and to set standards for how many may be kept at a dock.

Several recommendations to DNR and the Policy and Review Board were made at its October 2007 meeting of things to consider in drafting the new regulations. These included addressing restricted Type-A permits, existing common docks, setting a reasonable “grandfathering” time limit for the removal of existing permitted PWC stands.

DNR reports that the public comment period will be in early October and that the PRB will meet on October 3 to take comments and to discuss the proposal.

By: Mike Kennedy mkennedy@railey.com 301-616-6106 July 30th, 2008 Category: Deep Creek Lake, Deep Creek Lake Real Estate, News

Deep Creek Lake Manager Carolyn Mathews recently announced the DNR’s intention to address a number of easement violations through court action. Most cases involve alleged illegal dumping or fill on the buydown parcel. The cases are a civil matter and action will be through circuit court.

Ms. Mathews reported that they are experiencing an increasing number of cases involving improper construction of drains, pipes and improvements that are prohibited by the DNR’s easement. The Office of the Attorney General will represent the DNR in court.

If you own lakefront real estate at Deep Creek Lake please note this may affect you. DNR does go around and makes period checks of the buffer strip and buydown parcel in between your house and the water. Any improvements or cutting on the buffer strip or buydown parcel need to be approved first by DNR. The conservation easement placed on the buydown parcel is very prohibitive and all DNR guidelines should be followed.

By: Mike Kennedy mkennedy@railey.com 301-616-6106 July 3rd, 2008 Category: Deep Creek Lake, News

DNR Deep Creek Lake Manager Carolyn Mathews reports that their internal review of a number of regulation changes that effect how and where PWCs may be kept at dock permit sites on the lake has been delayed by about a month. The review was scheduled to be sent to Annapolis for review in July, but that time frame has been extended to August. Those that own real estate or houses at Deep Creek Lake will have an opportunity to review the proposal once it is made available for public comment.

 Ms. Mathews did say that the goal is to change the regulations to prohibit the storage of PWCs on the buffer strip and to instead allow a limited number to be moored at docks, in addition to any other permitted powerboats. Commercial sites will not receive any additional PWC mooring rights over what they are already permitted.

 The effect on property owners could be positive or negative depending on the number of PWCs they have traditionally stored on shore at their permit site. On the positive side, from what we have heard, the proposal is to possibly allow each Type A dock permit holder the right to be able to moor two PWCs at their dock. However, on the negative side it is very much unclear what will happen to those property owners who do not have a private dock and currently have 1 boat slip in a common dock. Many lake access property owners in the various subdivisions around the lake keep their power boat moored in the 1 slip they are allocated in their common dock - and then keep their PWC stored on the shoreline. DNR also intends to phase out the previously permitted PWC stands that some property owners use.

 Also, on The Deep Creek Blog, Becky Sciullo writes that DNR has stepped up their patrols on Deep Creek Lake and intends to keep doing so all summer long to crack down on dangerous boating activities.