Coastal property owners know just how hard it is to obtain permits and approvals to build docks, bulkheads and piers. Our coastal properties are supposed to support water dependent uses. But the reality is that these permits are becoming increasingly more difficult to obtain.

Probably we should start with the basics because many readers live inland and really don't have any idea what I'm talking about. A pier generally extends out into the water. It can be used to access boats and other watercraft.

A dock is a walkway that is often found along a coastal or other waterway border.

A bulkhead is a retaining wall. It is designed to provide structural integrity and often has a dock on top of it.

Bulkheads also prevent erosion and stop tidally flowed waters from infiltrating upon privately owned uplands. More about this infiltration risk later.

Building a dock, pier or bulkhead is not like building a driveway or a shed in the backyard. While it's true that these structures are subject to local regulatory control, they are also usually subject to some kind of state or coastal commission control as well.

This means that people who attempt to build these kinds of coastal improvements very often must make two separate applications. They must apply to the local agency for whatever local approval is necessary. And they must apply to either the state or to a coastal commission for another kind of approval.

Therefore, building these improvements usually takes twice as long in terms of regulatory approval than building something as mundane as a shed or an additional room onto your house.

Sometimes, a simple replacement of a bulkhead, pier or a dock requires very little approval. Often the rule is that if you replace something in the exact same location, so long as you don't expand what had existed, a minimal amount of paperwork and approval is necessary.

But anything that's other than a simple replacement usually involves a fairly complex approval. Usually an environmental consultant or an environmental engineer is required to prepare the necessary submissions in order to obtain approval.

Where there are disputes between the applicant and the regulator, sometimes it's necessary to obtain the assistance of environmental counsel as well. While its always much better to avoid disputes in land use applications, sometimes they simply cannot be avoided.

Permits are not the only things that are required. Many times, these improvements extend beyond tidally flowed waters. In most states, this means that the improvements extend upon land owned by the government and for this reason some kind of grant or lease may also be required.

If this instrument is needed but is not obtained, the government may pursue you for back rent. In certain instances, it may also commence litigation to require that you remove the improvements. As expensive as these structures can be, you don't want to be forced to tear them down!

Bulkheads are necessary to, among other things, prevents tidally flowed waters from extending upland upon your property. Some times if your upland property becomes flowed by tidally flowed waters, the government may have a right to claim legal title to your property.

In other words, you can own the property one day and not own it the next. Coastal property owners: are you listening? Most people are unaware of this risk. The key is that you must zealously safeguard your property from tidal water infiltration.

These laws tend to be state and municipality specific. Consult with a specialist in your community who is very well acquainted with the rules and with the administrative process necessary to obtain regulatory approval.

For those who are purchasing coastal properties, as well as other affected waterfront properties, it's important that any required leases or grants be transferred from the seller to the buyer. Often this process takes several weeks or perhaps even several months.

Therefore, it is essential that appropriate inquiry concerning this issue be made well in advance so that the closing of the property does not have to be unnecessarily delayed

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.