City Admits There Was No Legal Basis to Require You To Tear Down Your Home Before Submitting a Building Permit Application (10/27/21)

The City of Lewes announced at a recent hearing that it has removed its requirement that property owners on Lewes Beach must first tear down the existing home on a property before applying for a building permit for the replacement house. The City has acknowledged there was no legal basis or authority for this rule. No explanation of this major reversal in policy has been provided on the City’s website.

LBCA repeatedly complained to the city about the unfairness of the rule and the lack of any explanation. It was pointed out that since the city reserves the right to enforce regulatory proposals created by city staff as if they have already been approved, it is impossible to know in advance whether any building permit submission will be satisfactory. You cannot simply look at the code. Instead, until now, the only way to find out for certain was to tear down your house, submit your application, and then learn what new rules may apply.