Preemption: Town of Lake George Can’t Regulate Dock Construction In State-Controlled Waters

Friday, December 06, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 11
 

The Town of Lake George lacked the authority to deny site plan approval to rebuild a dock on Lake George because the structure was located within the navigable waters of the lake, and thus is within the exclusive regulatory control of the State of New York.

Facts: Petitioner The Hart Family, LLC (Hart) owns property in a subdivision of the Town of Lake George, New York. The property includes about 200 feet of shorefront on Lake George. About 45 other lots have easements across Hart’s property so that they can swim, launch boats, and store boats on the shorefront. Before this proceeding, Hart had a 21-foot-wide dock that extended into the lake from a concrete bulkhead on the shore.

In 2008, Hart received a permit from [..]

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