Claytor Lake Dock Permits

What Is an Occupancy and Use Permit?

At Claytor Lake, the AEP document that authorizes a property owner to have a dock or other structure on AEP project lands and waters is called an Occupancy and Use Permit (OUP). This terminology differs from AEP's documentation at Smith Mountain Lake and Leesville Lake, but the underlying function is the same: it is Appalachian Power Company's written permission, as the FERC Project licensee, for the adjacent property owner to occupy and use AEP project lands and waters. The permit is required because AEP, as the FERC licensee for the Claytor Project (FERC Project No. 739), controls access to the project boundary -- which extends from the 1,850-foot elevation contour.

The Occupancy and Use Permit is explicitly personal to the individual property owner. When a Claytor Lake waterfront property is sold, the seller's OUP does not convey to the buyer. The seller's permit is void at the time of the property transfer. The new owner must apply for and receive their own Occupancy and Use Permit before they have legal authorization to maintain or use any existing dock or waterfront structure within the project boundary.

The Two-Step Permit Process for New Construction

Building a new dock at Claytor Lake or significantly modifying an existing one requires two separate approvals: one from AEP and one from Pulaski County. Step 1 is the AEP Occupancy and Use Permit application. The applicant submits to AEP (contact Lisa Hammock, lhhammock@aep.com, 540-489-2556) with a site plan showing existing structures and proposed improvements, including dimensions and setbacks of each structure. AEP reviews the application against the Claytor Lake Shoreline Management Plan (SMP), which was implemented on December 27, 2011, and updated on a 5-year review cycle.

Step 2, which runs concurrently with or following the AEP review, is a Pulaski County building permit through the Pulaski County Department of Planning and Zoning. The county application includes the same site plan information required by AEP and asks for structure dimensions, setbacks, number of slips, height from water, and access configuration. The county reviews the application against Article 8 of the Pulaski County Zoning Ordinance. Both the AEP OUP and the county building permit must be in hand before construction begins.

Final Inspection from Both AEP and Pulaski County

Upon completion of dock construction, two final inspections are required. The first is from Pulaski County's building inspection process -- standard for any building permit. The second is specifically from Appalachian Power: the permittee must contact AEP to arrange a final inspection confirming the completed structure matches the approved permit plans. Only after receiving satisfactory inspection from both agencies is the dock considered fully compliant. Operating a dock before completing both inspections is a permit violation.

Dock Limitation Lines and Extended Property Lines

The Claytor Lake Shoreline Management Plan defines two important concepts for dock placement: Dock Limitation Lines and Extended Property Lines. Dock Limitation Lines delineate how far dock construction can extend between adjacent parcels -- they are shown on subdivision plats approved by Appalachian Power and recorded in Pulaski County. Extended Property Lines are projections of the upland property boundaries into the lake, extending from the 1,850-foot elevation contour. These lines determine which portion of the lake in front of a given parcel can be used for that property's dock.

Buyers of waterfront lots that do not currently have docks should confirm the applicable Dock Limitation Lines and Extended Property Lines with AEP and the Pulaski County Planning and Zoning Department before assuming dock construction is feasible at the desired location. Lots with narrow frontage or specific shoreline classifications under the SMP may have restricted dock eligibility.

Permit Transfer at Sale: The Due Diligence Checklist

When buying a Claytor Lake waterfront property with an existing dock, the following permit due diligence is essential:

• Confirm the current AEP Occupancy and Use Permit exists, is active, and is in the seller's name
• Obtain a copy of the permit for the property file
• Confirm the permitted structure matches what is physically present -- any unpermitted additions or modifications create compliance exposure for the buyer
• Initiate the buyer's new OUP application with AEP promptly after closing
• Confirm with AEP the timeline and any fees for the new permit issuance
• Notify your homeowner's insurer of the permit transfer timeline so dock coverage is maintained appropriately during the transition

AEP's contact for Claytor Lake Shoreline Management: Lisa Hammock, lhhammock@aep.com, 540-489-2556. The Shoreline Management Plan and FAQ are available at claytorhydro.com.