§ 1420. Vessels; abandonment prohibited; removal and disposition of abandoned vessels
(a) Definitions. In this chapter, unless the context clearly requires otherwise:
(1) “Abandon” means, with respect to a vessel, any of the following:
(A) to leave unattended on public waters or on immediately adjacent land for more than
30 days without the express consent of the Secretary or, if on immediately adjacent
land, of the person in control of the land;
(B) to leave partially or fully submerged in public waters for more than 30 days without
the express consent of the Secretary;
(C) to leave partially or fully submerged in public waters a petroleum-powered vessel
for more than 48 hours without the express consent of the Secretary; or
(D) to leave unattended on public waters or on immediately adjacent land for any period
if the vessel poses an imminent threat to navigation or to public health or safety.
(2) “Commissioner” means the Commissioner of Motor Vehicles or designee.
(3) “Law enforcement officer” means an individual described in 23 V.S.A. § 3302 who is certified by the Vermont Criminal Justice Council as a level II or level III
law enforcement officer under 20 V.S.A. § 2358.
(4)(A) “Public waters” means:
(i) the portions of Lake Champlain, Lake Memphremagog, and the Connecticut River that
are within the territorial limits of Vermont;
(ii) boatable tributaries of Lake Champlain and Lake Memphremagog upstream to the first
barrier to navigation, and impoundments and boatable tributaries of those impoundments
of the Connecticut River upstream to the first barrier to navigation, within the territorial
limits of Vermont; and
(iii) all natural inland lakes, ponds, and rivers within Vermont, and other waters within
the territorial limits of Vermont, including the Vermont portion of boundary waters,
that are boatable under the laws of this State.
(B) “Public waters” does not include waters in private ponds and private preserves as
set forth in chapter 119 of this title.
(5) “Secretary” means the Secretary of Natural Resources or designee.
(6) “Storage operator” means:
(A) the Secretary, if storing an abandoned vessel after causing its removal pursuant to
this section; or
(B) a person who stores a vessel removed pursuant to this section at the request of the
Secretary, or a subsequent transferee thereof.
(7) “Vessel” means:
(A) a motorboat; or
(B) a sailboat, or other boat, that is 16 or more feet in length.
(b) Relationship with other laws. The authority conferred to the Secretary and the penalties established in this section
are in addition to authority granted or penalties established elsewhere in law, and
nothing in this section shall be construed to modify any authority or the application
of penalties under any other provision of law, including under chapter 47, 159, 201,
or 211 of this title.
(c) Abandonment of vessels prohibited.
(1) Civil violation. A person shall not abandon a vessel on public waters or immediately adjacent land.
A person who violates this subdivision shall be subject to civil enforcement under
chapters 201 and 211 of this title and, in any such enforcement action, the Secretary
may obtain an order to recover costs specified in subdivision (d)(1) of this section
incurred by the Agency of Natural Resources.
(2) Criminal violation. A person shall not knowingly abandon a petroleum-powered vessel or knowingly abandon
a vessel that poses an imminent threat to navigation or to public health or safety.
A person who violates this subdivision shall be subject to a fine of up to $10,000.00.
(d) Removal and storage.
(1) Removal of abandoned vessel. Upon request from a law enforcement officer or at the Secretary’s own initiative,
the Secretary shall promptly cause the removal and safe storage of a vessel that is
abandoned as described in subdivision (a)(1) of this section, unless the vessel is
to be removed by a federal agency. If removal is requested by a law enforcement officer,
the Secretary shall make reasonable efforts to determine if the vessel qualifies as
abandoned. In addition, the Secretary shall have the authority to take actions as
may be necessary to eliminate risks to public health or safety caused by the condition
of the vessel.
(2) Responsibility for costs; lien.
(A) The owner of a vessel removed under the authority of this section shall be responsible
for reasonable:
(i) removal costs;
(ii) cleanup and disposal costs;
(iii) storage costs incurred after the storage operator sends the Department of Motor Vehicles
a notice of removal consistent with subdivision (e)(1) of this section; and
(iv) costs of enforcing this section borne by the Secretary.
(B) Costs for which an owner is responsible under subdivision (d)(2)(A) of this section
shall be a lien on the vessel held by the person who incurred the costs. Nothing in
this subdivision (d)(2)(B) shall be construed to modify any rights or authority to
recover such costs that may exist under any other provision of law.
(3) Limitation on liability. Except in the case of intentionally inflicted damages, the Secretary shall not be
liable to the owner or lienholder of an abandoned vessel for any damages to the vessel
incurred during its removal or storage, or as a result of actions taken to eliminate
risks to public health or safety caused by the condition of the vessel, in accordance
with this section.
(e) Notice and listing of abandoned vessel.
(1) Notice of removal and place of storage. Within three business days after the date of removal of an abandoned vessel, the storage
operator shall send notice to the Commissioner of:
(A) the federal, state, or foreign registration number, and the hull identification number,
of the vessel, if any;
(B) a description of the vessel, including its color, size, and, if available, its manufacturer’s
trade name and manufacturer’s series name;
(C) the date of removal and the location from where the vessel was removed;
(D) the name and contact information of an individual at the Agency of Natural Resources
who can provide information about the vessel’s removal and how to reclaim it; and
(E) the periodic storage charges that will apply, if any.
(2) Listing of removed vessel. The Commissioner shall post and maintain on the website of the Department of Motor
Vehicles a listing of vessels removed under the authority of this section with the
information received under subdivision (1) of this subsection.
(f) Disposition following removal.
(1) As used in this subdivision:
(A) A “notice of intent” shall include the information described in subdivision (e)(1)
of this section and an indication of the storage operator’s intent to take ownership
or otherwise dispose of an abandoned vessel.
(B) The term “address” shall mean the plural “addresses” if more than one address is ascertained.
(2) Within 30 days after the date of removal of the abandoned vessel, a storage operator
shall:
(A) Cause a notice of intent to be published in the environmental notice bulletin under
3 V.S.A. § 2826.
(B) Make reasonable efforts to ascertain the address of the owner and any lienholder and,
if the address is ascertained, send the notice of intent to the address by certified
mail, return receipt requested. Reasonable efforts shall include inquiring of the
person in control of the waters or land from which the abandoned vessel was removed,
the clerk of the municipality in which the waters or land is located, the State Police,
the Office of the Secretary of State, and the Department of Motor Vehicles as to the
identity and address of the owner and any lienholder.
(3) Ownership of the vessel shall pass to the storage operator free of all claims of any
prior owner or lienholder if the owner or lienholder has not reclaimed the vessel
and paid all costs authorized under subdivision (d)(2) of this section within 60 days
after the later of:
(A) publication in the environmental notice bulletin under 3 V.S.A. § 2826; or
(B) if the address of the owner or lienholder is ascertained, the date the notice of intent
is mailed.
(4) If ownership passes to the storage operator under this subsection, the storage operator
may sell, transfer, or otherwise dispose of the vessel. However, if the vessel is
subject to titling under 23 V.S.A. chapter 36, the storage operator shall apply to the Commissioner for a title or salvage title
as may be appropriate, and the Commissioner shall issue an appropriate title or salvage
title, at no charge, if the storage operator offers sufficient proof that ownership
of the vessel lawfully passed to the storage operator under this section.
(g) Owner and lienholder rights. An owner or lienholder of an abandoned vessel removed from public waters or immediately
adjacent land under this section may contest the removal, transfer of title, or other
disposition of a vessel under this section, and the necessity or reasonableness of
any costs described in subdivision (d)(2) of this section, by petitioning the Secretary.
The contested case provisions of 3 V.S.A. chapter 25 shall govern any matter brought under this subsection. A person aggrieved by a final
decision of the Secretary may appeal the decision to the Civil Division of the Superior
Court. Nothing in this subsection shall be construed to interfere with the right of
an owner or lienholder to contest these issues in any enforcement action brought by
the Secretary. (Added 2017, No. 158 (Adj. Sess.), § 11; amended 2023, No. 85 (Adj. Sess.), § 6, eff. July 1, 2024.)