Aren’t requirements for shoreline buffers and setbacks a “taking” of private property rights?

No. The U.S Constitution allows state and local governments to limit private property activities provided the limitations serve a legitimate public benefit and they do not deprive the landowner of all reasonable use of the property. The SMP regulations protect shorelines of the state, a public resource. In most cases, buffers do not deprive landowners of all reasonable use of their property and, generally speaking, all property tends to benefit from reasonable setbacks and buffers. In those limited instances where a buffer or setback precludes or significantly interferes with reasonable use, the property owner may apply for a variance.

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1. Hasn’t the City’s SMP been challenged and overturned in court?
2. Aren’t requirements for shoreline buffers and setbacks a “taking” of private property rights?
3. We keep hearing that the SMP has drastically lowered our property values and will make it extremely difficult to sell our home. Is this true?
4. Can I be fined for not getting City approval for everyday activities?
5. Do I need City approval to maintain my yard?
6. Can I make changes in my garden without City approval?
7. Do I need City approval to prune my trees?
8. If I remove a hazard tree (dead, diseased or dying), do I have to leave it in my yard?
9. Is the goal of the SMP to phase out all single-family docks over time?
10. Is the intent of the SMP to phase out all homes & docks on the shoreline over time?
11. Can I replace my bulkhead under the new SMP?
12. I keep hearing that the new SMP made virtually every home along the shore “non-conforming.” Is this true?
13. How is my existing shoreline home affected by the new buffer standards in the updated SMP?
14. Can I rebuild my house in the same location if it burns down?
15. If my home is unoccupied for 12 months in a row, do I forfeit the right to live in my house?