VMRC orders Dockside condos to conform, refers contractor to attorney general after major permit violations

The Virginia Marine Resources Commission on March 31 affirmed staff findings that Dockside Condominium Owners Association and its contractor built docks and slips that exceeded the permit authorizing 82 slips and 38,072 square feet of subaqueous encroachment.

Mike Johnson, the VMRC engineer for Gloucester County, told the commission staff measured 42,732 square feet of encroachment — about 4,660 square feet beyond what was authorized — and found multiple installed slips, floating docks and kayak launches that were not in the permit drawings. He said the work followed a 09/05/2025 notice to comply that ordered removal by October 5; staff found nothing had been removed.

Peyton Eastwood, who stated he served as HOA president, said the association believed it had authority and that a letter circulated to adjacent property owners had referenced 95 slips; he urged the commission to consider the context and the community’s safety concerns. "We attempted to comply and we tried our best to work through this process," Eastwood said. Contractor Charles Duke, owner‑operator of Waterfront Development Company, acknowledged measurement errors and asked the commission to allow an "after‑the‑fact" review; he disputed that the project was egregious and said some changes were made to improve safety and function.

Commissioners pressed both sides on drawings, the permit record and the HOA’s contract terms. Several commissioners emphasized that the permittee — the HOA — bears primary responsibility to ensure authorized construction, while the contractor must build to permit drawings.

Staff recommended the commission: order conformity with the notice to comply within 30 days; assess a $10,000 civil charge against the contractor for major noncompliance and a reduced $5,000 charge against the Dockside HOA because of miscommunication; and, if parties fail to consent, refer the matter to the Office of the Attorney General to pursue civil penalties under Code of Virginia §28.2‑1213, including seeking removal and daily civil penalties.

The commission voted to adopt the staff recommendation with one modification: the civil penalty against the contractor was set aside for separate action. The board then voted to refer the contractor, Charles Duke and his company, to the Office of the Attorney General for appropriate civil action. The HOA’s representative acknowledged on the record that the association accepted the $5,000 civil charge and the notice to comply.

The commission’s action orders removal or reconfiguration to the permit‑approved layout (82 slips and permitted dimensions) and gives the applicant 30 days to comply; staff told the commission that failure to comply would trigger OAG action and could include daily civil penalties thereafter.

The commission also recorded a separate motion to direct staff to pursue referrals to the Department of Professional and Occupational Regulation for construction activities undertaken without necessary permits, consistent with the staff recommendation.