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Commission debates new permit language requiring applicants to verify recorded covenants; item tabled for rewrite
Summary
Commissioners reviewed draft rules of procedure that would ask permit applicants to obtain written verification (or demonstrate a search) of restrictive covenants or easements of record; the group discussed practical limits of recorder-office searches and title searches and agreed to revise the draft and reintroduce it at the next meeting.
Commissioners took up draft changes to the improvement-location permit application packet that would require applicants to verify whether restrictive covenants or easements of record affect a property. The language under discussion would place responsibility on the homeowner or contractor to obtain written verification — or at minimum to conduct a diligent search — for covenants, easements or other recorded restrictions.
Several commissioners said they supported putting responsibility on the applicant but questioned whether the recorder's office should be asked to "sign off" or certify results. Recorder-office staff (referenced in the meeting as Monica and others) said they will help people search records and point them to resources but will not certify that searches are exhaustive. Commissioners noted limits of title searches and online document services and that recorded covenants can sometimes be filed under different names or instruments, complicating automated searches.
The commission discussed an alternative approach: require applicants to provide a deed and survey, document that they visited the recorder's office (or used online records), and certify what they searched or obtained. Commissioners also discussed building an extra check by sending applications that fall within municipal limits to the town for review and signature. Several members recommended adding clearer instructions for applicants and links to recorder resources in the application packet rather than requiring the recorder to issue a certification.
After extended discussion, commissioners agreed to revise the draft language — focusing on applicant responsibility, practical instructions for searching recorder records, and the possibility of town sign-off for town-located permits — and tabled the item until the next meeting for a rewrite.
