A Tahoe homeowner was recently hit with a $150,000 settlement involving unauthorized improvements to a lakefront property in Incline Village. Whatever your opinion of TRPA, the size of that settlement is a reminder that property owners in Lake Tahoe can face serious consequences when work is done without understanding the rules that apply to a particular parcel.
For homeowners and buyers, the practical issue is not whether we agree with every regulation. It is knowing what restrictions, permits and development rights affect the property before money is spent on plans, construction or improvements.
That can be more complicated in Lake Tahoe than in many other places. Depending on the property, approvals can involve TRPA, county or city building departments, fire districts, state agencies and, for lakefront properties, additional shoreland regulations. This is one of the most important reasons it is vital to have a Lake Tahoe expert representing buyers and sellers in our area.
One of the first things to understand is land coverage. Buildings, driveways, patios and other improvements can count toward the amount of developed area allowed on a parcel.
What surprises many owners is that coverage is not always fixed. In some circumstances, additional coverage can be acquired and transferred from another property, subject to applicable rules and approvals. That means the development potential of a property may not be obvious simply by looking at the lot.
For buyers considering a remodel or expansion, it is important to verify the property's existing coverage, permit history, recorded restrictions and any development rights that may have been transferred onto or away from the parcel. We have a team of local experts that we work with to help get all of the available information to our clients prior to purchasing a property.
Lakefront properties often involve another layer of regulation. Work involving piers, buoys, boat lifts, shoreline structures, grading or improvements close to the water can require approval from more than one agency.
On the Nevada side, for example, certain work involving submerged lands can also require approval from the Nevada Division of State Lands.
This is one area where I would never assume that because a neighboring property has a particular improvement, the same thing can automatically be done next door.
Tree removal is another area where owners have to check before starting work. The rules vary depending on tree size, location and whether the property is lakefront.
Grading and soil disturbance are also subject to seasonal restrictions in Lake Tahoe, with the normal grading season generally ending October 15. That can affect the timing of exterior projects and site work.
The bigger lesson from the $150,000 settlement is that property owners should understand the restrictions affecting their parcel before work begins.
If you are buying a home with plans to expand it, add a garage, change the driveway, improve the outdoor living space or substantially remodel, those plans should be part of your due diligence, guided by an area expert, before closing.
For existing owners, it is worth verifying the rules before hiring contractors or starting construction. In Lake Tahoe, a project's feasibility can depend on the property’s coverage, prior permits, recorded restrictions, environmental characteristics and the particular agencies with jurisdiction over the site.