Service
Grandfather Rights (Legal Non-Conforming Status)
Grandfather Rights (Legal Non-Conforming Status)
When is this permit required?
You may apply for a Legal Nonconforming Status Determination if your structure was built before current zoning or setback rules were adopted and you believe your structure qualifies for pre-existing legal nonconforming status.
- Your structure is proven to be built before July 1973.
How to Apply
Step 1: Prepare Your Documents
You’ll need:
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Application Fee: $300
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As-built survey showing:
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Structure dimensions
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Setback distances from property boundaries
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Recent photos of all sides of the structure
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Evidence of construction date, such as dated photos or records
Step 2: Submit Online
Apply through the Borough’s online portal:
👉 Apply Online
Step 3: Borough Review
Staff will review your application and determine if your structure qualifies for legal nonconforming status under MSB 17.80. If you’re requesting a shoreline setback exception, you must affirm that you had no prior knowledge of any violations before the structure was completed.
Frequently Asked Questions
Q: What are “Grandfather Rights”?
A: They allow structures built legally under older rules to continue being used even if they don’t meet current zoning or setback standards.
Q: What is the difference between pre-existing status and amnesty?
A: Pre-existing status applies to structures built legally under old rules. Amnesty applies to structures built before December 7, 1993, that may not have met the rules at the time.
Q: What is a shoreline setback exception?
A: It allows a structure to remain closer to a waterbody than current rules allow, if certain conditions are met.
Q: Can I apply if I don’t have exact construction records?
A: Yes, but you’ll need to provide reasonable evidence such as dated photos or surveys.
**Q: Without a permit, is it protected? A: If a use or structure does not have a valid permit, it is considered non-compliant and is subject to enforcement under current Borough code.
Contact
📍 Planning and Land Use Department
📞 (907) 861-7822
✉️ permitcenter@matsugov.us