Building permit notice sent to Gilmanton residents leads to confusion

GILMANTON — Building Inspector and Code Enforcement Officer Matt Garside sent a letter to residents on April 9, to remind them of the need to apply for building permits before doing work on their homes, and failure to obtain a permit is subject to a $50 per day fine.

Town Administrator Heather Carpenter followed up on May 6, with another letter addressing resident concerns.

“I appreciate your willingness to express your concerns, and I want to respond in a way that acknowledges your perspective while also clarifying the Town’s responsibilities under state Law and the International Building Code,” she wrote. “Building permits are not intended to burden residents or interfere with their use of the property. The purpose is to ensure that construction — whether structural, electrical, plumbing, or related to life-safety systems — is completed in a manner that protects the people who live in the home, their neighbors, and future occupants.”

The original letter was prompted by Garside’s discovery that a substantial amount of work over the past couple years had been completed before a permit was issued, or even without a building permit application.

Carpenter said Garside was recently hired as the building inspector and, as he became familiar with the community and the ongoing projects, he found several instances where construction had begun — or in some cases been completed — without the proper permits in place.

“While none of these cases involved a single, unusually egregious project, the pattern was significant enough to warrant a town‑wide reminder,” she said.

Garside said, “Every year, we chase a handful of people around Gilmanton for not pulling permits, and there has been a lot of change in the past couple years for building inspectors, so things have dropped off and been miscommunicated. So that was a reminder to everybody that we need to pull permits going forward, make sure all your stuff’s permitted, and we’re good to go.”

Gilmanton has a substantial number of seasonal and secondary homeowners, and Carpenter noted many of them undertake projects on weekends, or during short visits. She said they may not be fully aware of the permitting process, or the types of work that requires approval.

“Our goal with the letter was to ensure that all property owners — full‑time and part‑time — have clear information about their responsibilities,” she said.

Like many communities, Gilmanton experienced a notable increase in home improvement and construction activity during the COVID pandemic. “That level of activity has not slowed in the years since,” Carpenter said. “While I cannot speak for other municipalities, it is reasonable to assume that many towns with similar demographics and housing patterns are experiencing comparable challenges.”

Carpenter said building permits play a critical role in protecting both public safety and private investment by ensuring that construction meets the building, zoning, and life‑safety codes, and also that work is performed in a way that does not create hazards.

“For homeowners, this provides assurance that their project is safe, code‑compliant, and properly documented — something that can be especially important when building a new home to meet the bank’s requirements of a building loan, selling a property, insuring a property, or filing insurance claims. For the town, permits allow us to maintain accurate records and ensure that development occurs responsibly and safely,” she said. “Ultimately, the purpose of the letter was educational rather than punitive. We want residents to feel comfortable contacting the town with questions before beginning a project, and we are always happy to help clarify what does and does not require a permit.”

As she explained in her letter addressing the resident’s complaint, permits also make sure structures are placed appropriately on a property, and do not encroach on neighboring parcels.

“Proper placement helps prevent boundary disputes and civil discord between neighbors — issues that can be far more difficult and costly to resolve after a structure is already built,” she wrote.

The inspection process can identify problems that may not be visible to the untrained eye, such as structural weaknesses that could lead to collapse under snow loads or heavy winds. They also help to prevent electrical hazards that could lead to a fire; poor plumbing that may cause leaks, mold, or contamination; problems that may affect air quality; and lack of egress or fire-separation problems that could endanger occupants during an emergency.

“I understand that the notice may have felt abrupt or overly formal,” Carpenter continued. “However, the town is obligated to follow a consistent process for all residents.”

The bold-face portion of the April notice quoted the fine structure set by the selectboard. “Please note that Code allows for 30 days to review permits. That means the fine could reach $1500+! … The Town of Gilmanton will be enforcing these fines on all unpermitted work we find or receive information on.”

Carpenter tempered that with the statement, “If you would like to discuss your specific situation or have questions about the permit process, I would be glad to speak with you directly. The Town is willing to work with each resident based on their site needs. Fines/Penalties for unpermitted work are not being applied retroactively for items within the Town’s jurisdiction but to address specific site issues.”