Port Wardens approve pier reconstruction for R. Schmidt after dispute over moving a grandfathered boat lift
July 16, 2026 | Oxford, Talbot County, Maryland
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John Sutton, newly elected chair of the Board of Port Wardens, presided as the board considered a permit to demolish an existing pier and construct a new pier with finger piers, additional pilings and a replacement boat lift for the property listed for Richard (Rick) Schmidt at 5023 Hell's Half Acre.
The applicant’s representative, Chris Moore of Williams Brothers, described the work as a reconstruction and reconfiguration intended to accommodate the owners’ vessels and to meet applicable state and town regulations. Moore told the board the proposal would replace outboard pilings “to a conforming number of 6” and that replacements would be one-for-one for pilings.
Board members focused the discussion on whether moving a grandfathered boat lift would forfeit its nonconforming grandfathered status under the town ordinance. Port Warden Bob Heiberg warned that “by moving the boat lift, you are changing the characteristics of the grandfather and it won’t be permitted,” and urged caution about altering grandfathered facilities. Other members urged a practical reading of the ordinance: Chair John Sutton said the proposed design replaces derelict infrastructure with safer, updated piers and called that an important public-safety and aesthetic benefit.
An adjacent neighbor told the board that placing the lift on the landward side of the finger pier would be “less intrusive” visually. The property owner — who described owning a large wooden boat that requires side access for maintenance — said moving the lift would improve access and appearance for neighbors and owners alike.
After debate about precedent and whether the relocation would violate Chapter 11 provisions on nonconforming marine facilities, a board member moved to approve the application and another seconded. The motion carried; the transcript records multiple ayes and at least one nay. The board directed staff to confirm that Army Corps and Maryland Department of the Environment permit materials and tracking numbers are complete before finalizing any permit issuance.
Why it matters: the discussion highlighted tensions between strict application of nonconforming-structure rules and local practices that prioritize removing derelict docks and improving waterfront safety. The board asked the applicant to explore locating the lift as close as possible to its prior position and to provide any required modification requests so staff can complete permit review.
What’s next: staff will follow up with the applicant to verify Army Corps and MDE documentation and, if needed, process any MDD/permit modification requests before issuance.
The applicant’s representative, Chris Moore of Williams Brothers, described the work as a reconstruction and reconfiguration intended to accommodate the owners’ vessels and to meet applicable state and town regulations. Moore told the board the proposal would replace outboard pilings “to a conforming number of 6” and that replacements would be one-for-one for pilings.
Board members focused the discussion on whether moving a grandfathered boat lift would forfeit its nonconforming grandfathered status under the town ordinance. Port Warden Bob Heiberg warned that “by moving the boat lift, you are changing the characteristics of the grandfather and it won’t be permitted,” and urged caution about altering grandfathered facilities. Other members urged a practical reading of the ordinance: Chair John Sutton said the proposed design replaces derelict infrastructure with safer, updated piers and called that an important public-safety and aesthetic benefit.
An adjacent neighbor told the board that placing the lift on the landward side of the finger pier would be “less intrusive” visually. The property owner — who described owning a large wooden boat that requires side access for maintenance — said moving the lift would improve access and appearance for neighbors and owners alike.
After debate about precedent and whether the relocation would violate Chapter 11 provisions on nonconforming marine facilities, a board member moved to approve the application and another seconded. The motion carried; the transcript records multiple ayes and at least one nay. The board directed staff to confirm that Army Corps and Maryland Department of the Environment permit materials and tracking numbers are complete before finalizing any permit issuance.
Why it matters: the discussion highlighted tensions between strict application of nonconforming-structure rules and local practices that prioritize removing derelict docks and improving waterfront safety. The board asked the applicant to explore locating the lift as close as possible to its prior position and to provide any required modification requests so staff can complete permit review.
What’s next: staff will follow up with the applicant to verify Army Corps and MDE documentation and, if needed, process any MDD/permit modification requests before issuance.
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