VMRC orders removal of unauthorized piles and roof additions at York County boathouse; civil charges agreed

The Virginia Marine Resources Commission on Feb. 25 ordered the removal of work done without authorization at a boathouse on Back Creek in York County and set civil charges for the owner and the contractor who installed new pilings.

What the commission decided: Staff documented that an open‑sided boathouse originally authorized at 18 by 38 feet had, over time, been built larger than authorized and that, in 2024, unauthorized timber pilings and framing were installed that facilitated a new boatlift and enlargement of the roof. Staff recommended removal of the work completed in 2024, assessment of civil charges (staff suggested $6,000 minimum each against the contractor and the owner) and that any after‑the‑fact application for a revised boathouse footprint be held until removal and payment or until riparian rights are resolved.

Owner and contractor responses: The boathouse owner, Philip Gibson, represented by counsel, said the initial structure had been constructed by a contractor and that the deviations were not intentional; he agreed to remove the 2024 changes and accepted the civil charge. A contractor associated with the work, Blackwater Pier and Dock (not present at the hearing), was assessed a civil charge in staff’s recommendation; the commission voted to impose removal and civil-charge conditions.

Commission action and timing: The commission voted to require removal of the 2024 work (support piles, new framing and unauthorized boat‑lift pilings) within 60 days; the body adopted the staff recommendation to assess minimum civil charges and to defer consideration of any after‑the‑fact approval for an enlarged boathouse until the removal was complete and the civil charges paid. Staff said the commission routinely inspects permitted work but that statutory authorizations (which formerly did not require a full permitting package) had not been measured historically, which contributed to the oversight.

Context and rationale: VMRC staff described an apparent trend of contractors performing shoreline and marine construction without prior authorization and said it was important to maintain consistent enforcement. The commission emphasized fairness and consistency, noting that civil-charge matrices are intended to provide an out‑of‑court resolution where possible and that failure to comply would result in referral to the Office of the Attorney General for civil enforcement.

Next steps: The owner accepted the civil charge at the hearing. The removal order takes effect immediately, subject to the 60‑day compliance window the commission adopted. If removal and civil-charge payment are not completed, staff recommended referral to the attorney general for further enforcement.