Service
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.
Categories
There are three categories of nonconforming status. Understanding the differences will help you choose the correct application:
- Legal Nonconforming
For structures or uses that were legally established under previous regulations but no longer conform to current zoning or land use standards. These may continue as long as they are not expanded or altered in a way that increases nonconformity.
- Shoreline Setback
For structures that do not meet current setback requirements from waterbodies or watercourses but were placed legally under earlier rules. This permit allows limited modifications without increasing the nonconformity.
- Pre-Existing (Grandfather Rights)
For structures or uses that existed before current regulations were adopted and are no longer allowed under current code. This permit documents and verifies grandfathered status.
Measuring Shoreline Setbacks
When measuring setbacks from waterbodies or public rights-of-way:
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Always measure from the property line or the edge of the easement, not from the road or driving surface.
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The driving surface is only a portion of the right-of-way; the full width must be considered.
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If you're unsure where the edge of a right-of-way or easement is located, hire a licensed surveyor to identify it accurately.
Correct measurement is essential to determine whether your structure is conforming or requires a nonconforming permit.
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
📍 Development Services Division
📞 (907) 861-7822
✉️ permitcenter@matsugov.us