Shoreland Protection Act

[Gatto Nero]

I know some of you are very knowledgeable when it comes to the subject of the DES and shore related things and I am hoping you can help me get clarification on the COMPREHENSIVE SHORELAND PROTECTION ACT Section 483-B:11. The section deals with nonconforming structures. In particular I am interested in the expansion of an existing nonconforming structure.

I have spoken with the town's building inspector and I understand, and can work within, the town's restrictions, but the building inspector told me I needed to speak with the state for anything closer than 50' to the high water mark. I then read the Shoreland Protection Act on the DES website and found the following with regard to nonconforming structures.

"Except as otherwise prohibited by law, nonconforming structures, erected prior to July 1, 1994, located within the protected shoreland may be repaired, renovated, or replaced in kind using modern technologies, provided the result is a functionally equivalent use. Such repair or replacement may alter the interior design or existing foundation, but no expansion of the existing footprint or outside dimensions shall be permitted....."

So after all that my question is, does the above underlined statement apply only to the expansion of the nonconforming portion of the structure or does it apply to the entire structure, even if part of the structure is conforming (past 50' from the high water mark)?

For example, if the lake side of my house is 30' from the high water mark and extends 50' away from the lake then only the first 20' would be nonconforming, right? According the above statement I know I can't expand upon the front 20' of the house but can I expand upon the back 30' that is conforming as long as I am within the town's codes and the expansion itself is conforming?

I know that in the case of the town they only care about the nonconforming portion of the structure. Beyond that I just need to abide by the normal building codes.

Thanks in advance to anybody who has knowledge of, and experience with, this issue and takes the time to respond.