5:31 p.m. EDT, September 22, 2011
FRANKLIN
COUNTY, Va.— Some people who live along
Smith Mountain Lake are in a fight with the federal government. Residents of
one condo community in Franklin County say they're being forced to follow an
unfair rule. With the help of a local lawmaker, they're preparing to take their
battle to Washington. Like many communities at Smith Mountain Lake, the
condominiums at Gangplank Point are surrounded by boat docks; a feature William
Brush says adds to the lake's beauty. "Our lake is a gorgeous lake. It's a
tourist attraction. An economic engine," said Brush. But these docks may
have to come down.
The Federal Energy
Regulatory Commission, or FERC, is ordering the condominiums' homeowners association to remove all 56 boat docks. Why?
Because the docks don't conform with the lake's shoreline management plan. The
problem started when the homeowner's association decided to do some routine maintenance
on the docks. Wood was replaced with composite material.
Although the work was done
with the permission of Appalachian Power, which operates the lake, a neighbor
of the condo complex complained to FERC. State Senator Steve Newman of
Lynchburg is getting involved to help the Gangplank homeowners. He wants FERC
to reevaluate its decision. The Shoreline Management Plan was established seven
years ago by Appalachian Power, as a guide for growth and maintenance at the
lake. Both Newman and Brush worry if FERC tears down these docks, others may be
next.
"There's people out
here with docks that do not conform, that thought they were grandfathered or
vested. The FERC is saying there's no such thing as vested or grandfathered.
It's our rules. You do what we tell you," said Brush. Brush is part of a
group that's appealing FERC's decision. If the homeowners association is forced
to tear down its docks, it won't be allowed to build them all back. Under the
shoreline management plan, only 28 of those docks can be replaced
The lake is not what it was
30 yrs ago and it will never
be again, Roanoke is not what it was 30 yrs ago. Why keep crying the same thing
over and over again… get over it. This matter is about our government and power
companies going too far as what we can do with our property. We gave them these
flood rights before the lake filled; now we have no rights to what we thought
we owned. I have lived here for 30 yrs and have no problem with the people who
have moved to this lake. The lake is for everyone, and I am from the south,
born and raised on this lake.
Actually, the Shoreline
Management plan only allows for 50 percent of maintenance a year. They hired a
dock builder and they did 58%, which was over the limit. In my opinion it is
the dock builder’s fault, as he went over the 50% guidelines. Dock builders are
aware of the shoreline management plan! They have to conform to it.. But the
only reason this is an issue is a nosey neighbor who likes to stir the pot!
And the homeowners who own units in this project should not have to lose their property values, which would happen if they tore down the docks. Just because of the dock builder.