In some cases, private ocean-front properties may have pre-existing structures (such as a deck) that compromise the proposed dune template. The options available to property owners in this situation will depend upon the degree and location of the structure’s impact, the configuration of the lot, and whether the structure itself is capable of being relocated.
Process: Once the surveys are completed, all parcels with structures that encroach south of the northern landward crest of the new dune template will be identified. Depending upon the elevation and location, these structures may need to be relocated, modified or removed. In all these instances, an appraisal will be necessary.
Structure Modification/Removal: If a portion of a pre-existing structure, such as a deck or a pool, is found to compromise the dune template and there is no room on the existing lot to relocate or modify the structure to avoid compromising the dune template or it may be too costly to relocate the structure, it may be necessary to remove the structure. If it is determined that a portion of a pre-existing structure such as a deck or a pool may be relocated to another portion of the existing lot, the compensation offered to the owner will include an amount to relocate such structure which is commonly referred to as a “cost to cure.” The cost to cure is in addition to the amount determined by an independent appraiser to be the just compensation for the easement. The actual relocation of the partial structure will be the responsibility of the owner.