At one point or another, many people imagine what it would be like to live on a lake house. How would it feel to wake up, pull open the curtains and be greeted by the view of the water each morning? Would it instantly put you in a good mood and start your day on a happy note? Just imagine the days you’ll spend kayaking, paddle boarding, swimming, sunbathing and fishing! Not to mention, the countless memories you’ll create with friends and family by your side. It’s a very welcoming fantasy, but have you ever considered the legal responsibilities of owning a lake house?             

      Lake house laws vary from town to town, and even lake to lake, so it’s important to be aware of them when you’re home-searching. Some lakes don’t allow any boating, fishing or swimming while others allow you to do most, or all, recreational water activities. While these laws vary and require you to do some research, there are some general rules that apply everywhere.
     

    Since, your new lake house will be sitting on what’s considered “wetlands”, in Massachusetts The Conservation Commission may take a particular interest in what you can do with your yard, or at least anything within 100 feet of the water’s edge. Check the Community guidelines in the town you are searching, you may be responsible for notifying The Conservation Committee of all changes being made to the land within 100-300 feet of the water.

          It’s important to know that if you’re planning on renovating, building on the lot, or altering plant life, you need to find out what the zoning restrictions and “No Touch” policies are in your community guidelines. “No Touch” policies are rules that apply to 25-30 feet from the water’s edge and restrict any building, clearing, tree trimming, planting, etc. to maintain a natural buffer zone between the water and your yard. It might not seem like it, but these rules are heavily enforced. A Massachusetts man was fined over $100,000 for cutting down a pine tree on a lake without permission. Due to the Wetlands Protection Act, there’s often very little wiggle room on alterations without “approval”.

           One more important piece of advice is to always have a real estate attorney confirm the exact rights that come with the property, as well as any easements that may be on or deeded to your new land. When searching for waterfront properties, you will see many are listed as having lake rights, lake access, deeded lake rights, etc. Many times, the current home owners do believe this to be true but in reality it might not be the case. 

For more information regarding laws and other lake house facts go to www.mass.gov and www.lakefrontliving.com.
To find Massachusetts wetland resources and get an idea of what the basic guidelines are, visit: www.mass.gov/guides/protecting-wetlands-in-massachusettsandwww.maccweb.org/page/ResWPAFAQS