04-27-2015, 12:05 PM
Aye, but there is merit in the claim that everyone else is doing it. This is not like slapping someone on the sidewalk because everyone else is doing it. This is more like moving with the flow of traffic in as much that failure to do so results in "adverse affect". In this case it boils down to takings through adverse affect and when the county creates a law requiring permits yet fails to fully enforce the permitting we have an issue of property devaluation/adverse affect. In this case the takings arises by virtue of non enforcement of the permitting laws and therefore reduces the value of the neighboring properties and decreases any improvement investment a homeowner may select to preform. As a consequence many people decide to go unpermitted and reduce the required investment sums by not meeting the building permit and code expectations. Adverse affect induces takings.
This is where a County can identify the adverse affect issue and realize that there are opportunities available to them with regard to transfer of land rights that can provide an exemption status to properties not subdivided after X date. When properties are subdivided the land use codes may apply newly adopted restrictions to them where in the case of properties subdivided before the new land use restrictions are put in place the grandfathered right still prevails according to previous land use regulations. This is inclusive of shoreline set backs when brought to court for property rights that existed on the parcel prior to the new set back adoptions.
In essence, the County has a legal card to solve the issue and take the State to court if need be with regard to the States expectation to require all projects in the county to be permitted, etc. All subdivisions created before the implementation of building codes could in essence retain the right to build without permits just as their still grandfathered in with regard to other previous held rights. All subdivisions created after the implementation of building permits would be subject to the permits and codes necessary at the time of their creation. Thought the parcels wouldn't be subject to the codes adopted after their creation.
There are ways to solve the problem for the County and there are legal arguments to protect oneself under such adverse circumstances.
This is where a County can identify the adverse affect issue and realize that there are opportunities available to them with regard to transfer of land rights that can provide an exemption status to properties not subdivided after X date. When properties are subdivided the land use codes may apply newly adopted restrictions to them where in the case of properties subdivided before the new land use restrictions are put in place the grandfathered right still prevails according to previous land use regulations. This is inclusive of shoreline set backs when brought to court for property rights that existed on the parcel prior to the new set back adoptions.
In essence, the County has a legal card to solve the issue and take the State to court if need be with regard to the States expectation to require all projects in the county to be permitted, etc. All subdivisions created before the implementation of building codes could in essence retain the right to build without permits just as their still grandfathered in with regard to other previous held rights. All subdivisions created after the implementation of building permits would be subject to the permits and codes necessary at the time of their creation. Thought the parcels wouldn't be subject to the codes adopted after their creation.
There are ways to solve the problem for the County and there are legal arguments to protect oneself under such adverse circumstances.